IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4403/2019 BETWEEN:
BALACHANDRA S/O LATE RAMESHA AGED ABOUT 21 YEARS BUSINESS R/AT VIDYUTH NAGARA KASABA HOBLI HASSAN TALUK-573128 ...PETITIONER (BY SRI M.R.MAHESH, ADV.) AND:
STATE BY HASSAN EXTENSION POLICE REP BY SPECIAL PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU-560001 …RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRL.P. IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.100/2019 OF HASSAN EXTENSION P.S., HASSAN DISTRICT FOR THE OFFENCE P/U/S 504, 323, 324, 307 R/W 34 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader. Perused the records.
2. The brief facts of the case are that, on 31.5.2019, the complainant, his brother Gokul and his friends had been to Pondicherry for a trip. They decided to divide the expenditure amongst themselves. The entire amount was given by the petitioner Balachandra and in fact he had requested the other persons by name Arun Kumar, Abhishek and Manjunatha to pay their share of the expenditure. In this context on 7.6.2019 at about 7.30 p.m. near R.R.C.Canteen on Hassan ring road, the above said persons were talking to each other. At that time, the accused tried to console the other persons and all of them went away. Again at about 9.00 p.m., Arun Kumar and Manjunath contacted the complainant and asked him to come to Mahalakshmi Layout. Accordingly, the complainant, Gokul and Guru went to Mahalakshmi Layout near a volley ball court. At that time, Arun Kumar has pushed the complainant and when Gokul tried to save him, the accused who was holding a knife in his hand has assaulted the brother of the complainant on his stomach due to which he suffered severe injuries and Manjunatha also assaulted the complainant with an iron rod on the left shoulder. Thereafter, the injured was admitted to Hassan hospital. On these allegations, a complaint came to be lodged and the police have registered a case in Cr.No.100/2019 for the offence under Sections 504, 323, 324, 307 r/w Section 34 of IPC.
3. Learned counsel also brought to my notice that counter complaint was also filed by the accused i.e. the petitioner herein against Ankul, Gokul and Santheshgiri which came to be registered in Cr.No.101/2019 for the offence under Sections 504, 323, 324, 506 r/w Section 34 of IPC.
4. Be that as it may, at the time of arguments, the Court questioned the learned counsel about the condition of the injured. Except giving oral submission that the injured is out of danger, no material is placed before the court. On perusal of the order passed by the Trial Court, before the Trial Court also nothing has been produced while arguing the matter under Section 439 of Cr.P.C. The Court has observed that the learned Public Prosecutor has produced a report of the hospital which shows that the injured has suffered serious injury to the abdomen and he was still taking treatment.
5. Looking to the above said facts and circumstances, in the absence of the wound certificate of the injured, when particularly the offence under Section 307 of Cr.P.C. is registered, merely because a counter complaint is lodged is not sufficient to enlarge the petitioner on bail. Sufficient materials are not produced before the court atleast to show that what injuries the injured has suffered, whether they are serious in nature or not etc.,. Under the above said circumstances, for insufficiency of material, this Court is not in a position to enlarge the petitioner on bail.
Hence, the petition deserves to be dismissed, accordingly dismissed. However, the petitioner is at liberty to file appropriate fresh application after the charge sheet is filed before the Trial Court.
Dvr:
Sd/-
JUDGE