Karnataka High Court
G Ashoka vs State Of Karnataka on 30 March, 2023
Bench: V Srishananda
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CRL.P No. 2283 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE V SRISHANANDA
CRIMINAL PETITION NO. 2283 OF 2023
BETWEEN:
1. G. ASHOKA,
S/O GANESH PERUMAL,
AGED ABOUT 32 YEARS,
R/AT THIPPASANDRA VILLAGE,
MASTHI HOBLI,
MALUR TALUK,
KOLAR DISTRICT - 563 139.
2. R. VISHWAS,
S/O LATE RAMESHAPPA,
AGED ABOUT 21 YEARS,
R/AT THIPPASANDRA VILLAGE,
MASTHI HOBLI,
MALUR TALUK,
Digitally
signed by R
KOLAR DISTRICT - 563 139.
MANJUNATHA
Location:
HIGH COURT ...PETITIONERS
OF
KARNATAKA
(BY SRI. BASAVARAJU T A., ADVOCATE)
AND:
STATE OF KARNATAKA,
BY MASTHI POLICE STATION,
KOLAR DISTRICT,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
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CRL.P No. 2283 of 2023
AT PUBLIC PROSECUTOR OFFICE,
HIGH COURT OF KARNATAKA,
HIGH COURT BUILDING,
AMBEDKAR VEEDI,
AT BENGALURU - 560 001.
...RESPONDENT
(BY SRI. V S VINAYAKA., HCGP)
THIS CRL.P IS FILED U/S.439 OF CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CR.,NO.8/2023 OF
MASTI P.S., KOLAR FOR THE OFFENCE P/U/S.143, 147, 148,
323, 324, 307, 427, 504, 506 R/W SEC.149 OF IPC PENDING
ON FILE OF Ist ADDITIONAL CIVIL JUDGE (Jr.Dn.) AND JMFC
AT MALUR, KOLAR DISTRICT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri. Basavaraju T.A., learned counsel for the
petitioners and learned High Court Government Pleader for the
respondent-State.
2. The petition is filed under Section 439 Cr.P.C. At
the outset, this Court by order dated 29.03.2023 in
Crl.P.No.2281/2023 granted anticipatory bail to the four
accused persons. These petitioners were arrested in respect of
Cr.No.8/2023 of Masthi Police Station on 30.01.2023. One of
CRL.P No. 2283 of 2023
the accused person by name Smt.Papamma had also filed a
case against the complainant in the present case, which is
pending in Cr.No.9/2023.
3. Following the dictum of the full Bench judgment of
this Court in case of STATE OF KARNATAKA, BY CIRCLE
INSPECTOR OF POLICE VS. HOSAKERI NINGAPPA AND
ANOTHER reported in ILR 2012 KAR 509, the investigation is
to be conducted by the one and the same investigation officer.
4. Suffice to say that the accused persons in
Cr.No.9/2023 have been granted bail by the learned District
Judge. Therefore, continuation of the present petitioners in
judicial custody is no longer warranted. The other apprehension
expressed by the prosecution can be met with by imposing
suitable and stringent conditions.
Accordingly, following order is passed:
ORDER
i. The criminal petition is allowed.
ii. Petitioners are directed to be enlarged on bail
by taking a bond in a sum of Rs.1,00,000/-
(Rupees One lakh Only) with two sureties for
CRL.P No. 2283 of 2023
the likesum to the satisfaction of the trial
Court.
iii. Petitioners shall not tamper the prosecution
witnesses.
iv. Petitioners shall mark their attendance before
the jurisdiction police on every alternate
Sunday between 10.00 a.m. to 2.00 p.m. till
the final report is filed.
v. Petitioners shall not threaten the prosecution
witnesses in any manner.
vi. Petitioners shall attend the Court regularly.
vii. Petitioners shall not leave the jurisdiction of
the Kolar District, without prior permission.
Violation of any one of the conditions would entitle
prosecution to seek for cancellation of bail.
Ordered accordingly.
Sd/-
JUDGE
rv
