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2020 DIGILAW 95 (KAR)

Basavaraj v. State Of Karnataka

2020-01-10

S.SUNIL DUTT YADAV

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JUDGMENT 1. Petitioner who has been arrayed as accused No.2 is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.48/2018 for the offence punishable under Section 307 read with Section 34 of IPC. 2. The case that is made out by the prosecution is that on 04.03.2018, the complainants brother had finished his work and returned home at 5.00 p.m., and at about 8.00 p.m., he went outside. On the intervening night of 04/05.03.2018, at about 12.55 a.m., he called the complainant over phone and informed that some unknown persons had assaulted him. The complainant went to the spot and took the victim for treatment. The complaint having been lodged, FIR was registered, investigation is complete and charge sheet has been filed. 3. It is the submission of learned counsel for petitioner that accused No.1 as against whom imputation of inflicting the injury by use of knife is made has been enlarged on bail as per the order in Crl.P.No.963/2019 which is passed on 22.06.2019. It is also stated that the brother of the complainant has been discharged after having taken medical treatment. 4. In light of accused No.1 being enlarged on bail, petitioner is also entitled to be enlarged on bail on the ground of parity. Further, there are no allegations as regards the petitioner having criminal antecedents. Taking note that the investigation is complete, case is made out for enlarging the petitioner on bail. 5. Accordingly, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.48/2018 for the offence punishable under Section 307 read with Section 34 of IPC subject to the following conditions: (i) The petitioner shall execute a personal bond of Rs.50,000/- (Rupees Fifty thousand only) with one surety for the likesum to the satisfaction of the concerned Court. (ii) The petitioner shall fully co-operate with the expeditious disposal of the trial. (iii) The petitioner shall not tamper with evidence, influence in any way any witness. (iv) In the event of change of address, the petitioner to inform the same to the concerned SHO. (v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail. Any observation made herein shall not be taken as an expression of opinion on the merits of the case.