Sri. Puttaswamy @ Puttaswamy vs The State Of Karnataka

-1- NC: 2024:KHC:42947 CRL.P No. 10885 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2024 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO. 10885 OF 2024 BETWEEN: SRI. PUTTASWAMY @ PUTTASWAMY SON OF BHADRAHOMBBIAH AGED ABOUT 73 YEARS R/AT HANUMANALU VILLAGE, BANNURHOBLI, T. NARASIPURA TALUK, MYSORE DISTRICT - 571 101 (NOW IN JUDICIAL CUSTODY) ...PETITIONER (BY SRI. SEETHARAMU .S.P., ADVOCATE) Digitally signed by NANDINI B G Location: high AND: court of karnataka THE STATE OF KARNATAKA BY BANNUR POLICE, T. NARASIPURA TALUK. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALURU - 560 001. ...RESPONDENT (BY SMT. K.P. YASHODA, HCGP) THIS CRL.P IS FILED U/S 439 CR.P.C (U/S 483 BNSS) PRAYING TO ENLARGE THE PETITIONER ON REGULAR BAIL IN CC.NO.780/2024 (CR.NO.106/2024) OF BANNUR P.S., THAT THE RESPONDENT HAS REGISTERED FOR OFFENCES P/U/S 143, 144, 147, 148, 504, 323, 302, 324 R/W 149 OF IPC, PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT AT T. NARASIPURA, MYSURU DISTRICT. -2- NC: 2024:KHC:42947 CRL.P No. 10885 of 2024 THIS CRL.P, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA ORAL ORDER The petitioner-accused No.6 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No. 106/2024 of Bannur Police Station, pending in C.C.No.780/2024, on the file of the learned Principal Civil Judge (Jr.Dn) and JMFC Court, T.Narasipura, Mysuru District, registered for the offences punishable under Sections 143, 144, 147, 148, 504, 323, 302, 324 read with Section 149 of Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - H.M. Mahadeva. 2. Heard Sri. Seetharamu S.P, learned counsel for the petitioner and Smt. K.P.Yashodha, learned High Court Government Pleader for the respondent -State. Perused the materials on record. 3. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is: -3- NC: 2024:KHC:42947 CRL.P No. 10885 of 2024 "Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?" My answer to the above point is in 'Affirmative' for the following: REASONS 4. The petitioner being accused No.6 is seeking grant of bail. He was apprehended on 12.04.2024 and since then, he is in judicial custody. Initially, the FIR came to be registered against accused Nos. 1 to 12. After investigation, the charge sheet came to be filed, according to which, it was accused Nos. 1 to 3 who were charge sheeted for the offence punishable under Section 302 of IPC, while accused Nos. 4 to 12 were alleged to have committed the offence punishable under Sections 143, 144, 147, 148, 323, 324, 504 and 506 read with Section 149 of IPC. Specific allegations are made against the accused Nos. 4 to 12 that they have assaulted the injured with wooden log. The wound certificate pertaining to the injured CWs-3 to 5 discloses that they have sustained simple injuries. It is not the contention of the prosecution that this petitioner has committed the offence punishable under Section 302 of -4- NC: 2024:KHC:42947 CRL.P No. 10885 of 2024 IPC. It is also brought to the notice of the Court that accused Nos. 9, 11 and 12 against whom similar allegations are made have already been enlarged on bail in Crl.P.No.5162/2024 vide order dated 05.09.2024. Under such circumstances, the petitioner is entitled for grant of bail on principles of parity. Hence, I am of the opinion that the petitioner may be enlarged on bail subject to conditions, which will take care of the interest of the prosecution. 5. Accordingly, I answer the above point in the affirmative and proceed to pass the following: ORDER The petition is allowed. The petitioner is ordered to be enlarged on bail in Crime No.106/2024 of Bannur Police Station, pending in C.C.No.780/2024, on the file of the learned Principal Civil Judge (Jr.Dn) and JMFC Court, T.Narasipura, Mysuru District, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions: a). The petitioner shall not commit similar offences. -5- NC: 2024:KHC:42947 CRL.P No. 10885 of 2024 b). The petitioner shall not threaten or tamper with the prosecution witnesses. c). The petitioner shall appear before the Court as and when required. 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. 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 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. Sd/- (M G UMA) JUDGE SPV List No.: 3 Sl No.: 10