Single judge bail petition allowed. Investigating crime; injured statement inconsistent with conduct and recovery of knife not prima facie. Petitioner to execute bond. Conditions imposed.
Petition allowed; petitioner released on bond of Rs.2,00,000 with two sureties; conditions imposed regarding attendance and non-interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MARCH, 2021
BEFORE
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO.1915/2021
BETWEEN:
R.VISHWANATH @ VISHWA, S/O RAVI, AGED ABOUT 27 YEARS, RESIDING AT NO.354/2, RAMAGONDANAHALLI VILLAGE POST, WHITEFIELD, VARTHUR HOBLI, BENGALURU EAST TALUK, BENGALURU – 560066.
(BY SRI H.V.PRAVEEN GOWDA, ADVOCATE)
AND:
STATE OF KARNATAKA, BY VARTHUR POLICE STATION, REP.BY STATE PUBLIC PROSECUTOR, HIGH COURT, BENGALURU-560 001.
(BY SMT.RASHMI JADHAV, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.144/2020 OF VARTHUR P.S., BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 341, 326, 307 R/W 34 OF I.P.C.
THIS CRIMINAL PETITION PERTAINING TO PRINCIPAL BENCH, BENGALURU, COMING ON FOR ORDERS THROUGH
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VIDEO CONFERENCING AT DHARWAD, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This is the second bail application by accused No.1. His earlier bail application i.e. Criminal Petition No.3774/2020 was dismissed on 13.10.2020. The first bail application was made during crime stage. Now investigation is completed.
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lesser price. In this background, on 04.07.2020 at about 6.00 p.m. when the injured was returning to his house after meeting his friends, the petitioner and other accused attacked him and inflicted injuries.
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them for a lesser price. When he was attacked, if he could see the faces of the persons who attacked him, he could have disclosed their names either before the security guard or his son or the doctor. On 12.07.2020, if he revealed the names of the accused, it may be stated at the stage that his statement is difficult to be believed, anyway it is a matter of proof before the court.
ORDER
(a) Petition is allowed.
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(b) Petitioner shall be released on bail on obtaining from him a bond for Rs.2,00,000/(Rupees two lakhs only) and two sureties for the likesum to the satisfaction of the trial court.
The petitioner is also subjected to the following conditions:
Violation of any of the conditions will be seriously viewed for cancellation of bail.
Sd/JUDGE
CLK
2 issues framed by the court
Whether the petitioner is entitled to enlargement on bail in a case involving offences under Sections 307, 341 r/w 34 of IPC.
Whether inconsistent statement of the injured and recovery of knife sustain a prima facie case sufficient to deny bail.
2 provisions across 2 enactments
R.Vishwanath @ Vishwa
State of Karnataka
Sreenivas Harish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
