Karnataka High Court
CRL.P/9364/2017 of RAVICHANDRA. P. V. Vs THE STATE OF KARNATAKA on 28 December 2017
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.9364/2017 BETWEEN RAVICHANDRA P V S/O VENKATESH P H AGED ABOUT 30 YEARS OCC: COMPUTER ENGINEER R/AT No.50, 5TH BLOCK K.S.R.P HUDCO QUARTER
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28[TH]DAY OF DECEMBER, 2017.
BEFORE.
THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO
CRIMINAL PETITION No.9364/2017
BEIWEEN
RAVICHANDRA P VS/O VENKATESH P HAGED ABOUT 30 YEARS.OCC: COMPUTER ENGINEER|R/AT No.50, 5[TH]BLOCKK.S.R.P HUDCO QUARTERKRUPANIDHI COLLEGEKORMANGALABENGALURU SOUTH TALUKBENGALURU - 560 034.
PETITIONER
(BY SRI H S CHANDRAMOULI, ADVOCATE) |
AND
THE STATE OF KARNATAKABY PARAPPANA AGRAHARA POLICESTATION, BENGALURU —- 560 100.
REPRESENTED BYSTATE PUBLIC PROSECUTOR|HIGH COURT OF KARNATAKA.BENGALURU - 560 OO1.
RESPONDENT|
(BY SRI K NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON.BAIL IN THE EVENT OF HIS ARREST IN CR.No.466/201 7OF PARAPPANA AGRAHARA POLICE STATION, BENGALURU|FOR THE OFFENCE PUNISHABLE UNDER SECTION 504,353, 4438 333, 302 READ WITH SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERSTHIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed under Section 438 of Cr.P.C.praying to enlarge the petitioner on bail in the event of his.arrest in Cr.No.466/2017 of Parappana Agranara Police|Station Bengaluru, for the offence punishable underSections 504,353,448, 333 and 302 read with Section 34|of IPC.
2. Heard learned counsel for petitioner and learnedHCGP for respondent.
3. The case was originally registered for the offencepunisnabie under Sections 504,353,448 and 333 read with section 34 of IPC against one Roopesh and three others.
The petitioner is stated to be accused No.6. Subsequently, |the said complainant Appaji V., died and thereafter, a case)came to be transformed to one punishable under Section302 of IPC.
4. Learned counsel for petitioner would submit thatpetitioner has no criminal background and he is ansEngineer.
5. Learned HCGP would oppose the grant of bail.
6. Tne learned 56[3.]Additional City Civil & Sessions|Judge, Bengaluru in Criminal Misc.No.8/793/2017 dated.18-11-2017 has observed that, the cause of death asreflected from P.M.Report is that, due to Intracranial Bleedconsequent to injury to head. The petitioner is said to pe.accused No.6. #£=In the circumstances and the complaintaverments on the other accused persons are consideredand that petitioner is an Engineer, without expressing any.opinion as to the status of the other accused persons, I amof the sincere view that no prejudice would be caused to.the prosecution and ends of justice, if the petitioner is granted the relief under Section 438 of Cr.P.C. by imposing.certain conditions.
7. Accordingly, the criminal petition is.allowed.
(I) The petitioner in the event of her arrest in)Cr.No.466/2017 of Parappana Agrahara Police Station, |Bengaluru, shall De released on Dail, subject to the|petitioner executing a personal bond for a sum of|Rs.1,00,000/- with one solvent surety for the likesum.
(il) The.petitionerShall|notterrorize|the|witnesses or tamper with the prosecution evidence.
(il) The petitioner shall not leave Karnatakaborder witnout prior permission till the completion otf the case.
Sd/-.JUDGE