I Cr]. P 6352/O9 IN THE HIGH COURT or KARNATAKA AT BANGALQRE DATED THIS THE 05TH DAY OF JANUARY.AE9'iIVof"Lj--,:.' BEFORE 4:. i THE HON'BLE MR.JUsTIcE.A;s..I-AcHHAI¥iIIIE CRIMINAL PETITION N;().V_65:§_5é/éooéafl BETWEEN it I A it A A' Raghu. S/o. Doreraju, Aged about 23 years, ; No.14/2. Javier Layout. " C A Y.G. Palya. _ . * Bangalore-4'7. ' 2: A ' PETITIONER/S (Sri.V. Laksihmikanhth RiiofjsruMnsethiéh. Advs.) AND State of Karnatakar By Ashok Niagar PLSJ V Reptd. _ by State'Puiilic*Proé;ecutor. High (gum-t of Karnataka. '~ «Biangeiore, ---------- ~ RESPONDENT/S (3.5; satigh .::Ci'irji, Adv.) >i=**** "«Th.v'.,_$ ' Criminal Petition is filed under Section 439 ',(_3r.P.C. ..to}_reIease the petitioner on bail in S.C. No.47 1/09 pengiing 'before the Session Court at Bangalore (CCH-»34) for ' the offence P/U/S 302 I'/W 34 of IPC. This Criminal Petition coming on for Orders, this i the Court, made the following: 2 Cr}. P E5352/O9 ORDER
This petition is filed under Section
requesting for grant of bail having been
No.18/ 2009 for the offences punishable
302 readwith 34 of me by the Ashok Nifiga} _
2. The facts relevant for”oifv’this§ petition
are as under:
It is on Swamy a
resident of hisiiiicomplaint to the
Police Infant Raja aged
about that at about 11.15 p.m. on
that dayiihiis. friendipv’a,nki._mn.eighbour by name Santosh
informed him ti:-athiis brother Infant Raja was assaulted by
on-er VB”i1ash’ar,ih’Rtaghu, Hileham and Victor. The complainant
to the spot which was few metres away
fromi his house’ and found his brother gasping and was very
tired and weak. He had sustained bleeding injuries on his
.e3ffebrow and left side of the back. He was surrounded
persons who were the neighbours and all of them
V’u”»»..4l:.’ifted the deceased to Phitomena Hospital. It was about
sss/In
3 Crl. 13′ 6352/09
11.30 p.m. when they reached the hospital and thegfloctor
declared the deceased having been dead.
circumstances, he has submitted his comp~–l:ain:t.i:iVt’-at
Police which came to be registered.~in..the.’aboife:.criirnii for
the aforesaid offences.
3. The petitioner and
has not committed any hasibeven falsely
implicated in this case. It that there
is no motive and been granted
bail. So also; ready and willing to
abide byany imposed by this Court
for his release on grounds, he has sought for
the grant oi:bai1;» Vi A
_ learned Government Pleader has orally
” fie-tition stating that there is prima facie
material a.gaiivn}st the petitioner for the offences registered
therefore, he has sought for the rejection of the
;5eti’tiO§u1.’. &
4 Cri. P 8352/09
5. In the circumstances. I have heard the learned
counsel for the petitioner and also the learned Goifernrnent
Pleader.
6. It is the contention of the learn;ed.ggcbAun:sel’forl
petitioner that the other two accused. againstlgl
same act was attributed haxfeqiieen granted: bail in Crl.
P.Nos.955/2009 and.’;1.4is4,_:’2’oo;:_$j’._ invxparity, the
petitioner is also entitledliggtoflthe for. The
perusal of and the
documents material to show
any of the offences.
Furtherlrnorel, apprehension so far as the
securing tuned vpresen.ce=…”-~’of the petitioner either for
investigation or ‘fervflthe purpose of the trial. As the other
accusedtwhave been granted bail, in parity. the
petitione”:««i§Apsj».alsoyentitled to the bail sought for. So far as
the securing”the presence of the petitioner is concerned.
s:ome__condit1ons could be imposed. In the circumstances, I
e.a1’ndof’the opinion that the petitioner is entitled to the bail
sign-fight for. Hence, I proceed pass the following: 04’