ANS: _i "
V.
-1.
IN THE HIGH mum' op' KARNATAKA AT BANGALORE
DATE-D THIS THE 30%! DAY OF JULY zzws
BEFGRE V '
THE HON'BLE MR.JUS'FICE SUBHAS}§"f3'.2S.DIV'_ ' 2 '
cnxgman m'rmon :m;3o3?Lm *' fin} % V
WFWEEN: _
1. Sa:at1:1osh.kun1ar@ Santhu
SI 0. Prakash,
Aged 24 years, .
Chamanahalli ViIlagi:.,_ '~ ..
Maddm' Taluk, ' '
Mandya Distxict.
2. Venkatcsh zwurthy @7<.Babu' @ 'samjsath;
S/o- Byafmryéppa. % .j A
Aged19j{eats'_,. '
Vijneswarfi-fi8gé--~1:_aV. .. "
Suxzicaxlakaftct _ _
BAN'GALGRE;~.'f-._ - % % .. PETITIQNERS
(By Sxi. A. N."--Rgdha1:.dé1§:1a,:}3;d§.)
By Boddabslaatangaia Paiice
Repreaented
-- The State Pmsecuior
High C@ur$[Buiidings,
a;§NGAL@mt. .. RESPONDENT
(By M. Nawaz, Ad:il.S.P.P.)
% This Criminal Petition is filed under Section 439 of Cr.P.C.
"praying to enlarge the petitioners on baii in Crime No.35/06 of
"Doddabeiava11gaJa Police Station, which is regstered for the
ofiencc p/2113.143, 147, 148, 307, 302 Rlw. Sec.149 ofii'-'CL
This Petition conning on for Oxtiers this day. the Court made
the following:
ORDER
The Doddabeiavangala Police registered a 4′
No.35/2006 on 5.5.2006 for an ofienee
Sections 143, 147, 148, 307, 302 11;:
2. Allegation is that, atvnahout
complainant aiong with two deceasedstet-e Vet; a motor
cycle. The said motor W.-he ‘by a Tata Sumo
vehicle. The aceusedv’came”‘o*ht:’of and assaulted
the deceased. from the scene.
Based on the was made. In the
eomplaintgethet that 15 persons were there.
however, he” épexsons. As tlar as these two
4… their ate not revealed by the complainant.
ejsims to be an eyewitness to the incident. in
insofar as accused No.5 is concerned,
V ‘Whose'””–nam’:e Wes also not reflected in the complaint or in the
H H ” 4.44’st.s:;ementV’of the compl.aman’ t, has been enlarged on bail by this
eovmgzi Criminal Petition No.2s93/2097. It is submitted that,
‘these accused were apprehended on 17.12.%(}7, since then. they
A” in custody.
(E, .
-3.
3. Learned Counsel for the petitioners submitted that. the
complainant being an eyewitness has seen the accused and has
also named them. Subsequently, the Police deleted the nsmes of
those accused, Whose names were nefiected in the
these accused have been apprehended. He v
that, there is no material to proceed against flnlse ‘ 9
othexwise, if they are released, tlley
imposed by this Court.
4. Sri. P.M.NaWaz, 1′ _ Publlc” Prosecutor
submitted that, the 15 persons
committed an ofience-h,’ !1c:§s:rev¢’re3t’;ll he mention all the
names. out _in1 A’ …V_f’nrthe;E”-statement. he has named these
persons this clearly shows involvement
of these offence punishable under Section
. r Al”5,l’E\’fe3i’_”as’T:sgainst accused No.5, similar allegations were
made was also not reflected in the FIR or in the
” “4co1;n’pl2′.2int 5: in the statement of cw»-2. It is only in the further
llstat;-rnient, this accnsed’s name has been stated after a long gap
ll I find that, when accused No.5 has been enlarged on
bail, thfi Said benefit be given to these accused also. %
1 -4-
Accordingly, the pcizition is allowed. The petitioners are
enlarged on bail subject to the following oonditionsz .
1) Petitioners shall execute personal ”
Rs.25,000/- each and two surities for flit: — ii
the satisfaction of the !ea.med_ _.Ses_sz’on$’ 4′
2) Petitioners shaft mark their ,
month before the Ju1’isc:.’i€;t:75;_naI pe.ii£:e,fi ” 1 i
3) Petitioners shall fBg11Iar§;;..gippec£x Lgefgre the zéarnéd
Sessions Judge{ _ 3 i V’
4) Petitfoner3*–shz1Il I * _ _ i1iiih.. prosecution
witnessiés