Karnataka High Court
CRL.P/10267/2017 of MAHADEVA Vs STAE BY JAYALAKSHMIPURAM POLICE on 28 December 2017
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.10267 OF 2017 BETWEEN: MAHADEVA S/O MADANAYAKA AGED ABOUT 52 YEARS RESIDING AT NO.2481 5TH CROSS, 3RD MAIN MARAMMA TEMPLE ROAD PADUVARAHALLI MYSURU
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.1LO26/ OF 2ZO
BETWEEN:
MAHADEVAS/O MADANAYAKA|AGED ABOUT 527 YEARSRESIDING AT NO.2481.%[TR]CROSS, 3[RD]MAILN MARAMMA TEMPLE ROAD|PADUVARAHALLIMYSURU - 5/6 28)
.. PETITIONER.
(BY SRI: RAJU C.N., ADV.)
AND"
THE STATEBY JAYALAKSHMIPURAM POLICEMYSURUREPRESENTED 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./73/201/OF|JAYALAKSHMIPURAMPOLICE STATION,MYSURUCITYFORTHE|OFFENCE.PUNISHABLEUNDER|SECITONS 341, 3235, 504, 307 READ WITH SECTION 34 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.73/2017 for theoffences punishable under Sections 341, 323, 504, 307 read withSection 34 of IPC. |
2).The brief facts of the case is that the complaint isregistered by one Laxmamma who is the mother of presentpetitioner and grand mother of other co-accused —- Harisha. It isstated that the accused No.1 Harisha, the son of the presentpetitioner inflicted injuries on Laxmamma and the. presentpetitioner slapped her. It is also stated that complainantLaxmamma was abused by both the accused in filthy languageand was hit on different parts of the body and Harisha attempted to hit her with sharp instrument on the head of the complainantand when she defended, sne sustained injuries on her nand. Thecomplainant is lodged by complainant herself on 03.09.2017 i.e,on the same day of alleged incident.
‘3.Learned HCGP opposes grant of bail to the petitioneron the ground that petitioner is convicted and has served R.]I.for 14 years in a murder case and therefore, he prays fordismissal of this petition.
4Perused the complaint, FIR, charge sneet and other.materials available on record. I nave considered tne nature andcircumstances of the case. There are grounds.
5. Tne petition is allowed. Tne petitioner is enlarged onbail in connection with Crime No./73/201/7 for the offencepunisnabie under Sections 341, 323, 504, 307 read witn Section34 of IPC subject to following conditions: |
(i) |TnepetitionerSnall|executeapersonal bond for a sum of Rs.1,00,000/- with|One surety for tne likesum to the satisfaction of the Trial Court, BsSv
Ci)He shall not terrorize or tamper with|
any of the prosecution witnesses.|
(il) He snall not stare or even snout at Nis motner.
(iv) He snall not leave the Karnataka State|without the permission from the Trial Court; and
(v) He shall mark nis attendance on every|second and third Saturday of eacn montn|between 08.00 a.m. to 09.00 p.m. until the|further orders by the trial court.
Sd/-|
JUDGE.