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Shantkumara @ Shantharaju vs The State Of Karnataka on 18 January, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2018
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.10188/2017

BETWEEN:

SHANTKUMARA @ SHANTHARAJU
S/O DEVARAJU,
AGED ABOUT 28 YEARS
R/AT KAREHALLI VILLAGE,
BAGUR HOBLI, CHANNARAYAPATANA TALUK
HASSAN DISTRICT-56
… PETITIONER
(BY SRI PRATHEEP K C, ADV.)

AND

THE STATE OF KARNATAKA
REP BY NUGGEHALLI POLICE STATION,
HASSAN DISTRICT,
REP BY ITS
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-01
… RESPONDENT
(BY SRI.K.NAGESHWARAPPA, HCGP)

THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING
TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.71/2017 (S.C.NO.161/2017) OF NUGGEHALLI
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P.S., HASSAN DISTRICT FOR THE OFFENCE P/U/S
498A,504,307 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:

ORDER

This petition is filed by the petitioner/accused

under Section 439 of Cr.P.C. seeking his release on bail

for the offences punishable under Sections 498A, 504,

307 of IPC, registered in respondent – police station in

respect of Crime No.71/2017

2. Heard the arguments of the learned counsel

appearing for the petitioner/accused and also the

learned High Court Government Pleader appearing for

the respondent-State.

3. I have perused the grounds urged in the bail

petition, FIR, complaint and other materials placed on

record.

3

4. It is submitted by the learned counsel for the

petitioner so also by the learned Government Pleader

that the investigation is completed and charge sheet is

filed.

5. I have perused the wound certificate

produced by the learned counsel for the petitioner

wherein it is stated that injury sustained by the injured

is simple in nature. Therefore, at this stage, life of the

injured is safe and out of danger. The alleged offence

punishable under Section 307 of IPC though non-

bialable, but not exclusively punishable with death or

imprisonment for life. Further, the petitioner has

contended in the petition that he is innocent and not

committed the alleged offence and he has undertaken to

abide by any conditions to be imposed by this Court.

Hence, I am of the opinion that petitioner can be

granted with bail.

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6. Accordingly, petition is allowed.

Petitioner/accused is ordered to be released on bail for

the offence punishable under Sections 498A, 504 and

307 of IPC registered in Crime No.71/2017, subject to

the following conditions:

i. Petitioner shall execute a personal
bond for a sum of Rs.50,000/- and
furnish one solvent surety for the
likesum to the satisfaction of the
concerned Court.

ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.

iii. Petitioner shall appear before the
concerned Court regularly.

Sd/-

JUDGE

DM

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