IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B. CRIMINAL PETITION NO.7549 OF 2017 BETWEEN:
GANGADHARA S/O.BORALINGAIAH AGED ABOUT 25 YEARS R/AT.NAGAPATNA VILLAGE GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT PIN CODE – 571 111.
(BY SRI M.SHARASS CHANDRA, ADV.) AND:
STATE OF KARNATAKA BY GUNDLUPET P.S.
CHAMARAJANAGAR DISTRICT REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA AT BANGALORE – 560 001.
(BY SRI CHETAN DESAI, HCGP) ... PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.74/2017 (C.C.NO.4544/2017) OF GUNDLUPETE P.S., CHAMARAJANAGARA DISTRICT FOR THE OFFENCE P/U/S 143, 147, 324, 307, 326, 506, 504 R/W. 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioner/accused No.4 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 143, 147, 324, 307, 504, 506 read with Section 149 of IPC registered in respondent police station Crime No.74/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.4 and also the learned High Court Government Pleader appearing for the respondent-State.
3. Perused the grounds alleged in the bail petition, FIR, complaint and other materials, so also the order of the learned Sessions Judge, Chamarajanagar, rejecting the bail application of the present petitioner.
4. Looking to the allegations made in the complaint, the dispute was with regard to the tree branches which were extending to the land of the complainant. The allegations goes to show that the petitioner along with other accused persons assaulted the complainant and allegation as against the present petitioner is that he assaulted the injured on the occipital region with macchu. The other accused persons also assaulted him and caused the injures.
5. Learned counsel during the course of his argument made the submission that all other accused persons have already been granted bail by the order of this Court. Hence, he submitted by imposing reasonable conditions, petitioner may be enlarged on bail.
6. Per contra, learned HCGP submitted that the place of attack is on the vital part of the body and during investigation petitioner was not available. The other accused persons were released under Section 439 of Cr.P.C. by way of regular bail. Hence, he opposes the petition.
7. I have perused the grounds urged in the bail petition and other materials. Perused the medical records i.e., the injury certificate. No doubt, the doctor mentioned the injury is on the occipital region, but it is mentioned that the said injury is of the simple in nature. Now the injured has been discharged from the hospital. His condition is safe and he is out of danger. Even the alleged offence under Section 307 of IPC is not exclusively punishable with death or imprisonment for life. The petitioner contended that he is innocent, ready to abide by any reasonable conditions to be imposed by the Court.
8. Accordingly, petition is allowed. The respondent-Police is directed to enlarge the present petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 143, 147, 324, 307, 504, 506 read with Section 149 of IPC registered in respondent police station in Crime No.74/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to make himself available before the Investigating Officer for interrogation, as and when called for.
iv. The petitioner has to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
VMB Sd/- JUDGE