Karnataka High CourtJaipal S/O Dilip Borale vs The State Of Karnataka on 27 July, 2016Author:R.B BudihalBench:R.B Budihal1



          IN THE HIGH COURT OF KARNATAKA

                  KALABURAGI BENCH

       DATED THIS THE 27TH DAY OF JULY, 2016

                        BEFORE

       THE HON'BLE MR. JUSTICE BUDIHAL R.B.

          CRIMINAL PETITION No.200684/2016

Between

Jaipal S/o Dilip Borale
Age: 20 years, Occ: Student
R/o Bhim Nagar, Bhalki
Dist. Bidar
                                              ...Petitioner

(By Sri Sanjay A Patil, Advocate)

AND:

The State of Karnataka
Through the Police
Bhalki Town Police Station
Tq. Bhalki, Dist. Bidar
Represented by Addl. State Public Prosecutor
High Court of Karnataka
Kalaburagi Bench
                                          ...Respondent

(By Sri P.S. Patil, HCGP )


      This Criminal Petition is filed underSection 438of
the Code of Criminal Procedure, 1973 praying to direct
the respondent police/Bhalki Town Police, Dist. Bidar,
to release the petitioner on bail in Crime No.95/2015 for
the offence punishable U/s 143, 147, 148, 323, 324,
                                     2



341, 308, 504, 506 R/w 149 as per charge sheet, in the
event of his arrest.

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

                             ORDERHeard the learned counsel appearing for the

petitioner and the learned High Court Government

Pleader.2.      This petition filed by the petitioner undersection 438of Cr.P.C. seeking anticipatory bail to direct

the respondent police to release the petitioner on bail in

the   event    of   his    arrest       for   the   alleged   offences

punishable undersections 143,147,148,323,324,326,341,308, 504, 506 R/wsection 149of IPC

registered in Crime No. 95/2015.3.      The brief facts of the prosecution that on

10.3.2015 at about 8.00 p.m. complainant by name

Sandeep S/o Ramesh Ade had been to the National gym

at Bhalki town. At that time accused persons totally six

in number joined together and went and attacked this

person.    Accused        No.1   Jaipal       Borale    abused    the3complainant in filthy language, attempted to assault on

the head with iron rod. Due, to which the victim rescued

himself, the said blow fell on the right hand. The other

accused persons Kiran Kamble and Ratan came and

abused him in filthy language and caught hold. Another

accused Vilas assaulted him with hands and caused

simple injuries. Another accused Pavansheel has also

threatened with dire consequences with killing him.4.    I have perused the wound certificate dated

3.4.2015 issued by the doctor who treated the injured at

Government    hospital,   Bhalki   on   10.3.2015.   Other

accused persons were also subsequently granted with

anticipatory bail. It is submitted by both the sides, now

the investigation is completed and charge-sheet has

been filed. Therefore, the petitioner is not required for

interrogation as charge-sheet has already filed. When

other accused persons were also released on bail on the

ground of parity, the present petitioner is entitled to

anticipatory bail. Reasonable conditions can be imposed

which will safeguard the interest of the prosecution.4Accordingly the petition is allowed. The respondent

police are hereby directed to release the petitioner on

bail in the event of arrest of the petitioner for the above

said offences subject to the following conditions;(1) Petitioner has to execute personal bond for

         Rs.50,000/- with one surety for the like sum to

         the satisfaction of the arresting authorities.

      (2) He shall not tamper any of the prosecution

         witnesses directly or indirectly.(3) He shall not leave the jurisdiction of the Court

         concerned without its prior permission.

      (4) He has to appear before the concerned Court

         and to execute personal bond and surety bond

         as stated above, within 30 days from the date

         of this order.Sd/-JUDGE

*MK