IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.9335 OF 2017 BETWEEN:
Ananda Poojary, S/o Krishna Poojary, Aged about 44 years, R/o Upladi badabettu, Bannadi Village & Post, Udupi Taluk – 574211 ( By Shri. Rahul Rai, Adv. for Shri. Aruna Shyam M., Adv.) AND:
The State of Karnataka, Through Kota Police Station, Represented by its State Public Prosecutor, High Court Building, Bangalore – 560 001.
(By Shri. K.Nageshwarappa, HCGP) …PETITIONER .. RESPONDENT This Criminal Petition is filed under Section 438 of the Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Crime No.317/2017 of Kota Police Station, Udupi District for the offence punishable under sections 504, 448, 326, 354 read with 34 of the IPC.
This petition coming on for orders this day, the court made the following;
ORDER This petition is filed by the petitioner/accused No.3 under Section 438 of the Cr.P.C., seeking anticipatory bail in Crime No.317/2017 registered by the respondent-police for the offence punishable under Sections.504, 448, 326, 354 read with Section 34 of the IPC.
2. Heard the arguments of the learned counsel for the petitioner and also the learned H.C.G.P.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials.
4. One Shivamma is the complainant. She alleged that on 29.10.2017 at about 8.30 P.M., accused Nos.1 to 3 illegally trespassed into the house and assaulted her husband and he was taken to K.M.C. Hospital at Manipal and thereafter she lodged a complaint against the accused persons.
5. Learned counsel for the petitioner submitted that the victim sustained injuries and has already discharged from the hospital. The petitioner is ready to abide by any conditions which may be imposed by the respondent— police.
6. Learned H.C.G.P supports the impugned order and submitted that now the victim is discharged from the hospital.
7. The alleged offences are triable by the Magistrate and they are not punishable with death or imprisonment for life. Therefore, looking to the materials on record, I am of the opinion that, it is a fit case to exercise the discretion in favour of the petitioner.
8. The petition is allowed. The petitioner is directed to be released on bail in the event of his arrest in Crime No.317/2017 of the respondent- police station on the following conditions;
i) Petitioner shall execute a personal bond for a sum of ` 50,000/- and shall furnish one surety for the likesum to the satisfaction of the concerned I.O.
ii) Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly;
iii) Petitioner shall make himself available before the Investigating Officer for interrogation, whenever called for;
iv) Petitioner shall appear before the concerned Court within 30 days from the date of receipt of copy of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE Msu