IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8438 OF 2018 BETWEEN:
Ashok J.D S/o Late Duggappa Gowda Aged about 55 years Occupation:Agriculturist R/o Jattinamakki Vatagaru Village Thirthahalli Taluk Shivamogga-577 432.
(By Sri.Shankarappa S, Advocate) AND:
State of Karnataka By Thirthahalli Police Station, Represented by SPP High Court Complex, Bengaluru-560 001.
(By Smt.Namitha Mahesh B.G, HCGP) ...Petitioner ...Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.380/2018 of Thirthahalli Police Station, Shivamogga District for the offence punishable under Section 307 of IPC and Sections 3, 25 27 of Arms Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner- accused No.1 under Section 439 of Cr.P.C. seeking to release him on bail in Crime No.380/2018 of Thirthahalli Police Station, for the offence punishable under Section 307 of IPC and also under Section 3, 25, and 27 of the Arms Act.
2. I have heard the learned counsel appearing for the petitioner-accused No.1 and also learned HCGP appearing for respondent-State.
3. The genesis of the complaint is that, there were some dispute between the complainant and the accused and the complainant was convicted for the said offence and he was in jail and thereafter, he and his son were released. It is further alleged that on 23.04.2018 at about 7.30 am at Vataguru Village, when the complainant was proceeding to his land in order to graze his cattles, at that time, he saw that petitioner-accused was carrying a gun and all of a sudden pointed the gun towards the complainant with an intention to commit murder because of his previous enmity and fired with a gun and as a result of the same, the complainant sustained injuries on right side of his neck. On the basis of the said complaint, case was registered.
4. It is the submission of the learned counsel for the petitioner that the alleged offences are not punishable with death or imprisonment for life. Petitioner - accused No.1 was carrying a gun of his father. His father was having a valid and effective license for holding the gun. His father died during 2014 and as such, the gun was with petitioner-accused No.1 and same has been seized by the police. He further submitted that the complainant has received only one entry shot on the right side of the neck and another exist wound and the complainant got treatment in the hospital and he has already been discharged from the hospital and he is out of danger. He further submitted that the petitioner is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to release the petitioner-accused No1 on bail and allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner-accused because of the previous enmity has fired with a gun and the complainant sustained injuries to the right side neck and the said injury is grievous in nature and CW2 is an eye witness to the alleged incident. She further submitted that if the petitioner-accused No.1 is released on bail, there is threat to the life of the complainant and might indulge in the similar activities. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and perused the records.
7. As could be seen from the records, it discloses the fact that there existed enmity between the petitioner- accused No.1 and the complainant, in that light, he has fired the gun shot. But as could be seen from the Wound Certificate issue by KMC Hospital, Manipal, there is one injury i.e., entry wound on the right side of the neck and there is one exist wound and the complainant is already out of danger and has been discharged from the hospital. The alleged offences are not punishable with death or imprisonment for life. It is the submission of learned HCGP that if the accused goes to the same village, there is threat to the life of the complainant. The same can be protected by restraining the accused-petitioner from entering the said village till the trial is completed. In that light, the interest of the complainant and peace of the society is also protected.
8. In the light of the discussion made above, petition is allowed, petitioner-accused No.1 is ordered to be released on bail with following conditions:
Petitioner-accused No.1 is ordered to be enlarged on bail in Crime No.380/2018 of Thirthahalli Police Station for the offences punishable under Sections 307 of IPC and Section 3, 25, 27 of the Arms Act subject to the following conditions:
1. Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not enter Jattinamakki Vatagaru village, Thirthahalli Taluk, at any time, till the trial is concluded.
4. He shall mark his attendance on first day of every month with the jurisdictional Police Station where he resides, till the trial is concluded.
5. He shall regularly appear before the Court during the trial.
Sd/- JUDGE ag