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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15 TH DAY OF OCTOBER 2015
BEFORE
THE HON’BLE MR.JUSTICE A. V. CHANDRASHEKARA
CRL. P. NO.6092/2015
BETWEEN :
Sri. Dharani, S/o Krishnegowda, Aged 25 years, Residing at Adagur Village, Kasaba Hobli, Channarayapatna Taluk -573 116. ... Petitioner
(By Sri.Venkatesh.R.Bhagat., Adv.)
AND:
State by Channarayapatna Town Police, Hassan District – 573 110. Represented by State Public Prosecutor, Bangalore – 560 001. ... Respondent
(By Sri.B.Vishweshwaraiah, HCGP.)
This Crl.P. is filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner on Bail In CR.No.439/2013 (C.C.No.2526/2014) of Channarayapatna Town P.S., Hassan for the offences P/U/S 341, 143, 147, 148, 307, 323, 324 and 506 (B) R/W 149 of IPC.
This Crl.P. is coming on for Orders this day, the Court made the following:
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O R D E R
Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent - police.
2. Petitioner is accused No.5 in a criminal case bearing Crime No.439/2013 on the file of
Channarayapatna Town Police Station, Hassan District.
After concluding investigation charge sheet is filed for the offences punishable under Sections 341, 143, 147,
148, 307, 323, 324 & 506(B) r/w 149 of IPC. During the investigation, petitioner had been granted bail and subsequently he did not appear before the Court and therefore case against him was split up. After taking coercive measures, his presence was secured and he was remanded to judicial custody. He is in judicial custody since three months.
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3. Learned Government Pleader has vehemently opposed the bail application on the ground that prima- facie case is made out in regard to participation of this petitioner in offences alleged and if he is left on bail, the prosecution will not be able to produce him before the
Court. Hence he requests this court to dismiss the bail application.
4. Perused the records.
5. Learned counsel for the petitioner submits that petitioner is a permanent resident of Adagur Village having deep roots in the community and he has undertaken to obey any of the conditions which may be imposed on him. The case against the other accused persons has ended in acquittal after holding trial. Thus the apprehension of the learned Government Pleader would be suitably met by imposing proper conditions.
Hence the following
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ORDER
1. The petitioner is ordered to be released on bail on he executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with one surety for the likesum to the satisfaction of the concerned Court.
2. He shall mark his attendance once in a month on every second Sunday between 9.00 AM to 5.00 PM before the jurisdictional police station without fail till the disposal of the case.
3. He shall not hold out threats to the prosecution witnesses in any manner.
4. He shall attend the concerned court on all the dates of hearing without fail.
Sd/- JUDGE
RS/* CT-vr