Karnataka High Court
CRL.P/9235/2017 of HEMANTH BABU 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.9235/2017 BETWEEN: HEMANTH BABU S/O PRAKASHBABU, AGED ABOUT 31 YEARS, R/AT 436/B, 2ND PHASE, W.O.C.ROAD, MAHALAKSHMIPURAM LAYOUT, BANGALORE-560086
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.9235/2017
BETWEEN:
HEMANTH BABUS/O PRAKASHBABU,AGED ABOUT 31 YEARS,R/AT 436/B, 2ND PHASE, W.0O.C.ROAD,MAHALAKSHMIPURAM LAYOUT,BANGALORE-560086 PETITIONER|
(BY SRI MANJUNATH M R., ADVOCATE)
AND:
THE STATE OF KARNATAKABY MAHALAKSHMIPURAM POLICE STATION, |BANGALORE CITY,REP. BY PUBLIC PROSECUTOR,HIGH COURT BUILDING, BANGALORE-560001 RESPONDENT
(BY SRI K.NAGESHWARAPPA, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S.439 OFCR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING.THAT THIS HON BLE COURT MAY BE PLEASED TO!ENLARGE THE PETITIONER ON BAIL IN CR.NO.361/201/7OF MAHALAKSHMIPURAM POLICE STATION, BENGALURU|
FOR THE OFFENCE P/U/S 143,147,148, 307 AND 323 R/W.149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERSTHIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard learned counsel for petitioner and learned|HCGP for respondent.
2. |The substance of the complaint is the incidentdated 15.10.7017 at about 10.30 P.M. near ChandruBar and Restaurant, Kurubarahalli, the complainantand other person were talking with eacn otner. —Meanwhile Hemanth and his friends came on amotorcycle and altercations were exchanged regardingriding of motorcycle and abused the complainant infilthy language and hit him with chopper on his headand escaped from there before people could gather.
3. Learned counsel for petitioner would submit.injured is said to have been discharged from thehospital.
4In the context and circumstances of the case,considering the release of other accused persons onDall|In|Cri.Misc.Nos.8527/201/7,8809/2017and|8820/2017 by the learned LIX Additional City Civil and.
Sessions Judge dated 17.11.2017 and the petitionriled by the petitioner came to be rejected. Petitioneris in custody from 01.11.2017.
5. |Considering the concept of parity, I am of theopinion, no prejudice will be caused to the prosecutioncase if petitioner is enlarged on bail.
6. |Hence, the criminal petition isallowedThe]
petitioner-accusedIS.enlarged ON|ballIn|Cr.No.361/201/7registeredbyMahalakshmipuram.Police Station, Bengaluru, subject to the following.
conditions;
9*Tnepetitioner-accusedSnall|executeapersonal bond for450,000/- witn a solventsurety owning and possessing immovabiepersonal bond for450,000/- witn a solventsurety owning and possessing immovabie properties for the likesum.
99*The petitioner-accused shall not terrorize the witnessesNO;|tamper|theprosecution evidence in any manner.
999*The petitioner-accused shall not leave the territory of the trial Court witnout prior permission till the completion of the trial.
9C*The.petitioner-accusedShall|markhis|
attendance before the Investigating Officer of the above case on every third and fourth Saturday at 9.00 p.m. until further orders by the Trial court.
SBN.
Sd/-|
JUDGE