At, High Court of Karnataka
By, THE HONOURABLE MR. JUSTICE M.I. ARUN
For the Petitioner: M. Sunil Sastry, Advocate. For the Respondent: B.J. Rohith, HCGP.
(Prayer: This Criminal Petition is filed Under Section 438 of Cr.P.C. praying to Enlarge the petitioner on Bail in the event of his arrest in Cr.No.40/2020 of Tumakuru Rural P.S., Tumakuru for the Offence P/U/S.143, 147, 148, 149, 323, 326, 341, 427 and 448 of IPC.)
Through Video Conference:
1. This petition is filed under Section 438 of Code of Criminal procedure.
2. The petitioner is accused No.13 in Crime No.40/2020 on the file of Tumakuru Rural police Station.
3. The brief facts of case are that the petitioner along with other accused have been sought to be prosecuted for the offences punishable under Sections 143, 147, 148, 149, 323, 326, 341, 427 and 448 r/w Section 149 of Indian Penal Code.
4. According to the prosecution, on 24.02.2020, at about 07:00 a.m., when the complainant had been to the morning walk, the accused persons trespassed into his house and assaulted his wife - Sannamma and in the said process it is alleged that they have tried to outrage her modesty by dragging her clothes. It is also the case of the prosecution that when the son of the complainant by name - Purushotham intervened to rescue his mother, accused Nos.1 and 2 assaulted him by iron road and due to which, he has lost four teeth.
5. The prosecution contends that the assault has been done by accused Nos.1 and 2 and the petitioner herein was there in the group but had not taken part in the assault. The prosecution does not oppose granting anticipatory bail to the petitioner who is accused No.13. Further, accused Nos.8 to 13 have already been granted bail by the Principal District and Sessions Judge, Tumakuru.
6. Based on the aforementioned submissions of the prosecution, it is deemed fit that the petitioner herein should be granted bail.
7. Accordingly, the petition is allowed and petitioner is entitled to be enlarged on anticipatory bail in the event of his arrest in respect of Cr.No.40/2020 of Tumakuru Rural police registered for the offences punishable under Sections 143, 147, 148, 323, 326, 341, 427, 448 r/w Section 149 of Indian Penal Code subject to the following terms and conditions:
i) The petitioner-accused No.13 shall execute a personal bond for a sum of Rs.1,00,000/- with a surety of a person possessing immovable properties for the likesum.
ii) The petitioner-accused No.13 shall not terrorize the witnesses or tamper with the prosecution witnesses in any manner.
iii) The petitioner-accused shall mark his
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attendance before the Investigating Officer of the above case on every first and third Saturday between 9.00 p.m. to 10 p.m. until further orders. iv) The petitioner shall not leave the jurisdiction of Tumakuru city without prior permission from the investigating officer.