In the matter of Vishnu P @ Vishnu vs The State Of Karnataka on 22 November, 2022(CRIMINAL PETITION NO.9859 of 2022) presided by THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR stated that this criminal petition is filed under section 439 cr.pc., praying for increase on bail applicant in c.c.no.2053/2022 (cr.no.46/2022) magalore south p.s., mangaluen town mangaluen /s 143, 147, 148 , 120b, 109, 114, 506, 212, 201, 302 r/w 149 of ipc on the court file of j.m.f.c ii, mangaluru d.k
FACTS OF TEH CASE
The brief factual matrix leading to the case is that there are two hostile groups who are vendetta against each other and are embroiled in a series of cases and counter cases against each other. Then it is the case of the prosecution that the present petitioner arrayed as accused No. 9 conspired with other accused and subsequently the petitioner destroyed the SIM of accused No. 2 along with accused No. 5. As part of this conspiracy the deceased was assaulted by accused Nos. 1 to 4 and he was murdered. The petitioner was arrested on 9/5/2022 and placed in judicial custody. In the meantime, the investigator investigated the crime and presented the indictment. The petitioner filed an application for proper bail before the learned Magistrate but learned that the Magistrate rejected the bail application filed by the petitioner. The petitioner is therefore before this Court.
THE HON’BLE MR. JUSTICE RAJENDRA BADAMIKAR OBSERVED THAT
In view of these facts and the circumstances where bail was granted to accused No. 6 under a similar set of facts, I do not find any obstacle to admitting the petitioner on bail. The apprehensions raised by the learned HCGP may further be satisfied by imposing certain conditions. It is further stated that the petitioner is a student aged about 20 years studying BCA. If he remains in custody, it is likely that he will come into contact with hardened criminals and this will not be in the interest of society. In these circumstances the application for bail must be allowed and I therefore proceed to adopt the following:
ORDER The petition is allowed.
Consequently, the petitioner will be released on bail in connection with Crime No. 46/2022 Mangalore South Police Station, Mangalore, D.K. of the district, for offenses punishable under Sections 143, 147, 148, 120B, 109, 114, 302, 506, 212, 201 read with Section 149 of the IPC, for his compliance with personal remand for a sum of Rs.2,00,000. – (Rupees two lakhs only) with two sureties of like amount to the satisfaction of the competent Court, subject to the following conditions;
- i. He must not allow himself to tamper with the prosecution’s witnesses.
- He shall appear before the appropriate Court on all future dates of hearing unless directed by the Court for any genuine reason.
iii. He shall not leave the jurisdiction of the court of first instance without the prior permission of the court until the case against him has been disposed of.
- No criminal activity may be engaged in
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JUDGEMENT REVIEWED BY HARSHA L NALWAR