Allowed

Mr. Suresh v. Vs State of Karnataka

Karnataka HC25 Jun 2024CRL.P/5670/2024

Case brief

AI extract

What is this about?

Regular bail under Section 439 CrPC for accused No.1 in a case of unlawful assembly, extortion demand and assault with a long causing simple injuries. Weapon not recovered, no custodial interrogation needed; bail granted on bond of Rs.2,00,000 with two sureties and conditions.

What did the court decide?

Petitioner enlarged on bail in Crime No.355/2024 on bond of Rs.2,00,000 with two like sureties, subject to conditions including no tampering with witnesses and appearance as required.

Mr. Suresh v Vs State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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NC: 2024:KHC:23274 CRL.P No. 5670 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA

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CRIMINAL PETITION NO. 5670 OF 2024

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BETWEEN:

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MR. SURESH V S/O LATE VENKATARAMAIAH AGED ABOUT 49 YEARS, R/AT NO.105, NEAR GOVT SCHOOL A NARAYANAPURA, BANGALORE NORTH, BANGALORE - 560 016

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Digitally signed by BHARATHI S Location: high court of karnataka

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(BY SRI. HANUMANTHARAYA C.H., ADVOCATE)

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AND:

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…PETITIONER

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STATE OF KARNATAKA, BY MAHADEVAPURA POLICE STATION, BENGALURU CITY - 560 001. (REP BY STATE PUBLIC PROSECUTOR) HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. K.P. YASHODHA, HCGP)

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THIS CRL.P IS FILED U/S 439 CR.PC PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.355/2024 OF MAHADEVAPURA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 506, 504, 143, 144, 147, 148, 149, 384, 307, 323, 324, 354 OF IPC ON THE FILE OF THE 29^TH A.C.M.M BENGALURU CITY.

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THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2024:KHC:23274 CRL.P No. 5670 of 2024

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ORDER

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The petitioner-accused No.1 is before this Court seeking grant of bail under Section 439 of Cr.PC in Crime No.355/2024 of Mahadevapura Police Station, pending on the file of the learned 29^th Additional Chief Metropolitan Magistrate, Bengaluru City, registered for the offences punishable under Sections 506, 504, 143, 144, 147, 148, 149, 384, 307, 323, 324 and 354 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant- Sri Uma Shankar.

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Heard Sri Hanumantharaya C.H., learned counsel for the petitioner and Smt. K.P. Yashodha, learned High Court Government Pleader for the respondent -State. Perused the materials on record.

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In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

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“Whether the petitioner is entitled

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for grant of bail under Section 439 of Cr.P.C.?”

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3 - NC: 2024:KHC:23274 CRL.P No. 5670 of 2024

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My answer to the above point is in ‘Affirmative’ for the following:

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R E A S O N S

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The petitioner- accused No.1 is seeking grant of bail. He was apprehended on 01.06.2024 and since then, he is judicial custody. The informant lodged the first information making specific allegations against accused Nos.1 to 11. Accused Nos.2 to 11 are said to be on bail. It is the specific contention of the informant who is one of the injured that the petitioner had demanded roll call amount of Rs.10 lakhs on 17.04.2024 and abused him. On the date of incident i.e.,. on 24.04.2024 at 4.30 pm., all the accused formed themselves into an unlawful assembly, came to the informant and again accused No.1 demanded for money and later, assaulted the informant with a long causing injuries. The other accused have also assaulted the informant and others. As per the Wound Certificate, the informant sustained only simple injuries. Even though one Ramesh said to have sustained grievous injury, as per the informant, he was not assaulted by the present petitioner.

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NC: 2024:KHC:23274 CRL.P No. 5670 of 2024

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It is stated that the petitioner is having criminal

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antecedents. There is reference to Crime No.60/2018 of Mahadevapura Police station. Learned counsel for the petitioner submits that 'B' report is already filed in this case. The other case in crime No.01/2019 of Mahadevapura police station is said to have been stayed by the order of this Court. The third one is the present case.

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It is stated that even though the petitioner was apprehended on 01.06.2024, the long said to have been used for commission of the offence is not recovered till date. It is not the contention of the prosecution that the petitioner is required for custodial interrogation. Considering all these facts and circumstances, the petitioner may be granted bail, subject to conditions which will take care of the interest of the prosecution.

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Accordingly, I answer the above point in the affirmative and proceed to pass the following:

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ORDER

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The petition is allowed.

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5 - NC: 2024:KHC:23274 CRL.P No. 5670 of 2024

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The petitioner is ordered to be enlarged on bail in Crime No.355/2024 of Mahadevapura Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with

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two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:

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a). The petitioner shall not commit similar offences.

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b). The petitioner shall not threaten or tamper with the prosecution witnesses.

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c). The petitioner shall appear before the Court as and when required.

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If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.

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On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be

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6 - NC: 2024:KHC:23274 CRL.P No. 5670 of 2024

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submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.

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Sd/JUDGE

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PN List No.: 1 Sl No.: 28

Mr. Suresh v. Vs State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr. Suresh v. Vs State of Karnataka

Case brief

What is this about?

What did the court decide?

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