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2018 DIGILAW 403 (KAR)

Ganesh S/o Nagappa Bilana v. State of Karnataka

2018-03-19

JOHN MICHAEL CUNHA

body2018
ORDER : This petition is filed on behalf of accused Nos.1, 3 and 4 against whom charge sheet is laid alleging commission of offences punishable under Sections 143, 147, 148, 324, 307, 504 read with Section 149 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v) of SC and ST (Prevention of Atrocities) Act, 1989. 2. Learned HCGP has not filed any statement of objections opposing the petition, but has orally opposed the grant of bail. 3. The case was registered against five accused persons alleging that on 29.10.2017 at about 11:15 p.m. when the complainant had been to the house of accused No.1 to question him as to why he was spoiling the name of the complainant in the village, the accused persons are alleged to have assaulted the complainant and his friends with knife and stone causing grievous injures. 4. After investigation, charge sheet is laid against the accused. It is stated that accused No.2 is already enlarged on bail. Accused No.5 is a juvenile accused who is also on bail. Petitioners herein were arrested on 30.10.2017 and since then they are in judicial custody. Learned counsel for the petitioner submits that since the investigation is completed, the custody of the petitioners is not required to be extended, as the petitioners undertake not to threaten the prosecution witnesses or hamper with the prosecution evidence. 5. On perusal of the record, it is seen that the case of the prosecution is rested on the direct testimony of three injured witnesses, C.W.1, C.W.4 and C.W.5. The wound certificates relating to these witnesses indicate that they had sustained grievous injuries at the hands of the accused and after treatment, all of them are discharged five days after the incident. Since the substantial investigation is completed, I do not find it necessary to extend the custody of the petitioners solely by way of punishment. The presence of the petitioners for the purpose of trial could be secured by imposing necessary conditions and hence the following: ORDER The petition is allowed. The Petitioners are ordered to be enlarged on bail on furnishing a bond in a sum of Rs.1,00,000/- with two sureties for the like-sum to the satisfaction of the Trial Court subject to further conditions that: (i) The petitioners shall appear before the Trial Court as and when required. The Petitioners are ordered to be enlarged on bail on furnishing a bond in a sum of Rs.1,00,000/- with two sureties for the like-sum to the satisfaction of the Trial Court subject to further conditions that: (i) The petitioners shall appear before the Trial Court as and when required. (ii) The petitioners shall not threaten or lure the prosecution witnesses and shall not tamper the evidence. (iii) The petitioners shall not get involved in similar offences. (iv) In the event, petitioners are found violating these conditions, the learned HCGP is entitled to seek for cancellation of the bail.