Farooq, S/O Late Abdul Khader, Aged About 35 Years, Fish Merchant, R/O Subhash Nagar, Banakal Post, Mudigere Taluk, Chikmagalur-577 131

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 24 TH DAY OF NOVEMBER 2014

BEFORE

THE HON’BLE MR. JUSTICE A.V.CHANDRASHEKARA

CRIMINAL PETITION No. 7102/2014 BETWEEN :

Farooq, S/o late Abdul Khader, Aged about 35 years, Fish merchant, R/o Subhash Nagar, Banakal Post, Mudigere Taluk, Chikmagalur-577 131. ...PETITIONER

(By Sri. N.R. Ravikumar, advocate)

AND :

State by Banakal Police, Mudiger Tq., Chikmagalur-577 131, Represented by Learned Public Prosecutor, High Court of Karnataka, Bangalore-01. … RESPONDENT

(By Sri B. Visweswaraiah, HCGP) … This Criminal Petition is filed under Section 439 of Cr.P.C., by the advocate for the petitioner praying to enlarge the petitioner on bail in Crime No. 93/14 of

Banakal Police Station, Chikmagalur for the offences punishable under Sections 504 and 307 of IPC.

This Criminal Petition coming on for orders this day, the Court made the following:-

ORDER

The petitioner is the sole accused in Crime No.

93/14 on the file of the Banakal Police Station,

Chikmagalur for the offences punishable under Sections

504 and 307 of I.P.C. He has undertaken to abide any condition which may be imposed on him.

2. The learned Government Pleader opposed the bail application on the ground that the investigation is still in progress and if he is released on bail, he is likely to scuttle the investigation.

3. Perused the records.

4. The informant – Sri Nagaraj was allegedly assaulted by this petitioner with Kathi on the back of his head with an attempt to murder him. The incident is stated

to have taken place at about 7.15 a.m. on 3.10.2014 in his garden at Banakal of Mudigere Taluk. He got admitted in Government Hospital at Chickmagalur and got discharged on 3.10.2014. Admittedly the injuries sustained by him are simple in nature. It is very important point at this stage as to whether really an attempt was made on the life of the first informant.

Major portion of the investigation is over and he has undertaken to obey any conditions which may be imposed on him.

5. In this view of the matter, petition is allowed and the petitioner is ordered to be released on bail in Crime

No. 93/2014 of Banakal Police, Mudigere Taluk subject to the following conditions:-

(i) Petitioner shall be released on bail on he executing a personal bond for a sum of Rs.75,000/- each with one surety, for the likesum to the satisfaction of the concerned Court

(ii) Petitioner shall not tamper or attempt to tamper any of the prosecution witnesses.

(iii) Petitioner shall not hold out threats to the prosecution witnesses and shall not try to lure them in any manner.

(iv) Petitioner shall not involve himself in any criminal activities.

(v) Petitioner shall make himself available in the respondent – police station once in a week on every Sunday between 9.00 a.m. and 5.00 p.m. without fail for a period of 3 months or till filing of charge sheet, whichever is earlier.

Sd/- JUDGE

Nsu/-