Allowed

Sri Vasantha @ Vasanth Kumar M v. the State of Karnataka

Karnataka HC3 Jun 2021CRL.P/2983/2021

Case brief

AI extract

What is this about?

High Court of Karnataka granted anticipatory bail to petitioner accused of instigating assault and cheating. Petitioner to execute personal bond and surrender within 15 days subject to standard conditions including no tampering with witnesses.

What did the court decide?

Petitioner released on bail in event of arrest; execute personal bond of Rs.50,000 with surety, surrender within 15 days.

Sri Vasantha @ Vasanth Kumar M Vs the State… — Murder and Culpable Homicide | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 03^RD DAY OF JUNE, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE K. NATARAJAN

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CRIMINAL PETITION No.2983/2021

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BETWEEN:

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Sri. Vasantha @ Vasanth Kumar M, S/o. Mallaiah, Aged about 34 years, R/at No.164, 6^th Main, Bannerghatta Road, Panduranga Nagar, Bengaluru South, Bengaluru – 560 076.

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..Petitioner

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(By Sri. Syed Peer Ulla Sha Khadri, Advocate)

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AND:

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The State of Karnataka, By Thalaghattapura Police Station, Bengaluru Rural District, Rep. by The State Public Prosecutor, High Court, Bengaluru – 560 001.

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..Respondent

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(By Sri. K. Nageshwarappa, HCGP for R1)

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This Criminal petition is filed under Section 438 of Cr.P.C. by the advocate for the petitioner praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in the event of his arrest in Cr.No.236/2020 of Thalaghattapura Police Station, Bengaluru Rural District for the offences punishable under Sections 326, 120(b) r/w 34 of IPC.

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This Criminal petition coming on for Orders , this day, the Court made the following:

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O R D E R

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This petition is filed by the petitioner/accused under Section 438 of Cr.P.C., for granting him bail in the event of his arrest in Crime No.236/2020 registered by Thalaghattapura police for the offences punishable under Sections 326, 120 (b) r/w 34 of IPC.

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Heard the learned counsel for the petitioner and learned HCGP for the respondent.

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The case of the prosecution is that the complainant is the brother of the petitioner and that on 18.02.2020 when he was returning from job on 18.02.2020 at about 10.00 p.m., while he was

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returning from job, some unknown members and the accused came in their car and all of a sudden they assaulted the complainant with the club on his head and left hand. After arrest of accused Nos. 2 to 6, it was revealed that this petitioner is the one who instigated and engaged the accused Nos.2 to 6 and in turn even stated that the complainant is the brother of the accused No.1. Therefore, the complaint came to be registered and police is trying to arrest the petitioner. Hence, the petitioners approached the Sessions Judge for bail which was partly allowed. The learned Sessions Judge granted anticipatory bail to accused Nos.2 to 6 and rejected the bail petition of this petitioner/accused No1 and this petitioner is shown as absconding.

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Learned counsel for the petitioner submits

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that the petitioner is innocent of the alleged offence and he has been falsely implicated in the instant case and his name is not mentioned in the FIR. The

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petitioner is ready to abide by the conditions that may be imposed by this Court. Hence, prayed for grant of bail.

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On perusal of the records, it shows that the allegation against the petitioner is that he has committed offence punishable under Section 120-B of IPC and he has paid money to the accused Nos. 2 to 6 for teaching lesson to his own brother. The investigation is still pending and the accused Nos. 2 to 6 are already granted bail.

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Looking into the facts and circumstances, the offence punishable under Sections 326 and 120 (B) of IPC is neither punishable with death or imprisonment for life and the same is triable by the learned Magistrate. Therefore, considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, if the petitioner is

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granted bail by imposing certain conditions, no prejudice would be caused to the case of the prosecution. Hence, I pass the following:-

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ORDER

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The criminal petition is allowed .

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The respondent - police is directed to release the

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petitioner in the event of his arrest in Crime No.236/2020 registered by Thalaghattapura Police Station, for the offences punishable under Sections 326 and 120 (b) read with Section 34 of IPC, subject to the following conditions:-

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i) The petitioner shall execute personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with a surety for likesum to the satisfaction of the Investigating Officer. The petitioner shall surrender before Investigation Officer within 15 days from the date of receipt of certified copy of this order;

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ii) The petitioner shall not indulge in similar offences;

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iii) The petitioner shall not directly or indirectly tamper with any of the prosecution witnesses; and

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iv) The petitioner shall be deemed to be in custody for any recovery under Section 27 of Indian Evidence Act.

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v) The petitioner shall appear before the Investigating Officer as and when called for the purpose of investigation.

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If any of the conditions are violated, the prosecution is at liberty to file an application for cancellation of bail.

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SD/JUDGE

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mbb

Sri Vasantha @ Vasanth Kumar M v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Vasantha @ Vasanth Kumar M v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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