Karnataka High Court

CRL.P/10268/2017 of ANANDA M Vs STATE BY KAGGALIPURA POLICE on 28 December 2017

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HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE N K SUDHINDRARAO CRIMINAL PETITION No.10268 OF 2017 BETWEEN: ANANDA.M. S/O LATE MANJUNATH RESIDING AT NO.54 7TH MAIN, NEAR ALIANCE BUSINESS ACADEMY BTM LAYOUT, 2ND STAGE BENGALURU CITY

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28[TRA]DAY OF DECEMBER, 2017

BEFORE

THE HON BLE MR. JUSTICE N K SUDHINDRARAO|

CRIMINAL PETITION No.1L0268 OF 2ZO

BETWEEN:

ANANDA.M.S/O LATE MANJUNATH.RESIDING AT NO.54.7[TH]MAIN, NEAR ALIANCE BUSINESS ACADEMYBIM LAYOUT, 2[ND]STAGE|BENGALURU CITY.RESIDING AT|BYATARAYANADODDI - 560 018

.. PETITIONER.

(BY SRI: RAJU C.N., ADV.)AND THE STATEBY KAGGALIPURA POLICE STATION.BENGALURUREPRESENTED BYSPP, HIGH COURT OF KARNATAKA|BENGALURU - 560 OOL1

... RESPONDENT

(BY SRI:K. NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439.CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL INCR.No.119/2017.OF|KAGGALIPURAPOLICESTATION,RAMANAGARA DISTRICT FOR THE OFFENCE PUNISHABLE UNDERSECITONS 302, 504, 307, 120B READ WITH 149 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THISDAY, THE COURT PASSED THE FOLLOWING:

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ORDER

This is a petition filed under Section 439 of Cr.P.C. seeking for regular bail in connection with Crime No.119/2017 for theoffences punishable under Sections 302, 504, 30/7, 120B readwith Section 149 of IPC.

2).The complainant is one Arunkumar. It is stated thaton 15.04.2017 at about 12.30 AM, the complainant Arunkumarappeared before the police and lodged a complaint stating thaton 14.04.2017 at about 10.30 PM near Uttari Village a TATASUMO vehicle came from the opposite side and dashed againstthe two wheeler. Because of which, the complainant and theother/Chethankumar (deceased) fell down and sustained injuriesand thereafter, two persons came out of TATA SUMO vehicle andabused the complainant and others and attacked Chetnan Kumar all over the body with long and he succumbed to death while hewas under treatment in the hospital.

3. Learned counsel for the petitioner would submit thatthe petitioner is in judicial custody from 13.05.2017 andidentification parade was not conducted either elsewnere or inpolice station and prays for allowing of this petition on grounds. |

4I am of the sincere view that non-conductingidentification parade cannot be a ground for considering the bailapplication. In the facts and circumstances of the case, themode of occurrence of death of the deceased as reflected in thecomplaint, the stay of the petitioner in judicial custody duringinvestigation or the completion of the same, cannot be thecriterion for granting the relief. Accordingly no grounds aremade out to enlarge the petitioner on bail.

Therefore, Petition stands rejected.

BsSv

Sd/-|

JUDGE.

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