Karnataka High Court
CRL.P/7533/2012 of MR KALAIAH Vs THE STATE OF KARNATAKA on 28 December 2012
HIGH COURT OF KARNATAKA BANGALORE DATED THIS THE 28TH DAY OF DECEMBER, 2012 BEFORE THE HON' BLE DR. JUSTICE JAWAD RAHIM CRL.P NO 7533 OF 2012 BETWEEN MR KALAIAH, AGED ABOUT 36 YEARS, S/O LATE SOMAIAH, RESIDING AT KUKLOOR VILLAGE, VIRAJPET. KODAGU DISTRICT. ... PETITIONER (BY SHRI. T RAJARAM,
IN THE HIGH COURT OF KARNATAKA BANGALORE
DATED THIS THE 28TH DAY OF DECEMBER, 2012
BEFORE.
THE HON’ BLE DR. JUSTICE JAWAD RAHIM
CRL.P NO /533 OF 2012
BETWEEN
MR KALAIAH, AGED ABOUT 36 YEARS, |S/O LATE SOMAIAH,RESIDING AT KUKLOOR VILLAGE, VIRAJPET.KODAGU DISTRICT.
.. PETITIONER.
(BY SHRI. T RAJARAM, ADVOCATE)
AND
THE STATE OF KARNATAKA,BY VIRAJPET TOWN POLICE,KODAGU DISTRICT.
... RESPONDENT
(BY SHRI.RAJA SUBRAMANYA BHAT, HCGP)
CRL.P FILED U/S.438 CR.P.C BY THE ADVOCATE FOR.THE PETITIONER PRAYING THAT THIS HON BLE COURT.MAY BE PLEASED TO ENLARGE THE PETITIONER ON)ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN CR..NO.65/2012 OF VIRAJPET P.S., KODAGU DIST., WHICH IS.REGISTERED|FORTHE|OFFENCE.P/U/S|143,144,146,147,148,323,307 AND 114 R/W SEC.149 OF.IPC.
THIS PETITION IS COMING ON FOR ORDERS THISDAY, THE COURT MADE THE FOLLOWING:-.
ORDER
Petitioner is tne 2[/3]accused charged along witn the|1[1,]accused —- Kalaian for offences punishable under|Sections 143, 144, 146, 14/7, 148, 323, 307 and 114 readwith Section 149 of the IPC, regarding assault ofK.C.Srinivasa.
2. Petitioner is not yet arrested. Apprehendingarrest, he seeks Dail.
3. Prosecution has opposed the petition.
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4. Perusal of the records, the papers would show|that K.C. Srinivasa was assaulted by Kalappa, first accused with clubs. The petitioner is stated to be one of theaccused persons along with the 1[1,]accused at the time of.assault.
5. In the complaint, there is a vivid description ofthe incident which reveals the nature’ of the injuries.suffered by the complainant. Though the complainant hasmentioned the presence of the accused who is petitioner in this petition namely, Kalaiah, as the specific overt actsare not spelled out, it is difficult to conclude which injury.was caused by him and wnat object ne nad used.
6. Be that as it may, the victim is out of danger andis available to the prosecution as the best witness. In)this view of the matter, the detention of the petitioner|may not be justified. Hence, it would be appropriate tobind him over by imposing appropriate conditions:|
7. The petition is allowed on the following conditions;
i) The petitioner is directed to appear before the|investigating officer in charge of investigation in CrimeNo.65/2012 of Virajpet P.S., within two weeks and on Nis|appearance, the investigating officer may arrest him andshall release him on bail on his executing a bond in a sum)of Rs.25,000/- with one surety for the like sum to thesatisfaction of the said officer.
ii) He shall appear before the investigating officer as and when required and subject nimself to interrogationwithout causing any impediment in the investigation.
iii) He shall not leave the jurisdiction of the TrialCourt without prior permission.
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