IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.745/2019 BETWEEN:
Mr. Gopal S/o late Venkateshappa Aged about 35 years R/at Alagondanahalli Village Jadigenahalli Hobli Hosakote Taluk Bengaluru Rural District – 562 114. ... Petitioner (By Sri. B. Keshavamurthy, Advocate) AND:
State of Karnataka represented by SPP High Court of Karnataka Bengaluru – 560 001 SHO, Hosakote Police Station Bengaluru Rural District – 562 114. ... Respondent (By Sri. Namitha Mahesh B. G., HCGP) This Criminal Petition is filed under Section 439 of Criminal Procedure Code praying to enlarge the petitioner on bail in Crime No.466/2018 (C.C.No.1577/2018) of Hosakote Police Station, Bengaluru District for the offences punishable under Sections 307, 323, 504, 506 read with 34 of IPC.
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. praying this Court to release him on bail in Crime No.466/2018 (C.C.No.1577/2018) of Hosakote Police Station, Bengaluru District for the offences punishable under Sections 307, 323, 504, 506 read with 34 of IPC.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 29.09.2018, the complainant was sleeping in his house after finishing his dinner. At about 10.00 PM, he heard the sound of Galata in front of his house, when he came out of the house, he noticed accused persons-Gopal, Subramani and their mother Lakshmamma were quarrelling with each other. The complainant enquired regarding the quarrel among themselves during night time. Immediately, petitioner-accused No.1 abused him in a filthy language and challenged him and when the complainant objected to the same, he again abused him in a filthy language and got a chopper from his house and assaulted with chopper on the head of the complainant with force, thereafter, he pushed the complainant to the ground. He further submitted that accused-Hemavathi instigated him to commit murder of the complainant and she kicked him and Gangappa, Vishwanath Babu, Vijay Kumar and Umesh pacified the quarrel and immediately, the injured was taken to the hospital and got admitted. On the basis of the complaint, a case was registered.
4. It is the submission of the learned counsel for petitioner that the said incident has taken place in an altercation between accused and the victim. He further submitted that the complainant got admitted to the hospital on 29.09.2018 and was discharged on 06.10.2018 and he is out of danger. Even the ingredients of Section 307 of IPC are also not forthcoming with the contents of the complaint. The alleged offences are not punishable with death or imprisonment for life. Already charge sheet has been filed and the petitioner-accused No.1 is ready to face the trial and ready to abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.1 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused No.1 assaulted the injured with a chopper on his head and vital parts of the body and thereby, causing grievous injuries to him. She further submitted that complainant was kept in ICU for a period of one week and the injuries have been caused to head and left frontal bone has been fractured, that itself goes to show the gravity of the offence which has been committed by the petitioner-accused No.1. If the petitioner-accused No.1 is enlarged on bail, he may indulge in similar type of activities. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
7. On close reading of the contents of the complaint and other material it reveals that the said quarrel took place in a spur of movement in an altercation between the complainant and the petitioner-
accused No.1. Even as could be seen from the records produced, the injured got admitted in Silicon City Hospital on 29.09.2018 and was discharged on 06.10.2018 and he is out of danger. Whether the petitioner-accused No.1 has committed the alleged offence, is a matter which has to be considered and appreciated only at the time of the trial. The alleged offences are not punishable with death or imprisonment for life. Already charge sheet has been filed. Under the facts and circumstance, I feel that if the petitioner- accused No.1 is released on bail by imposing some stringent conditions, then it is going to meet the ends of justice.
8. In that light, the petition is allowed and petitioner-accused No.1 is ordered to be released on bail in Crime No.466/2018 (C.C.No.1577/2018) of Hosakote Police Station, Bengaluru District for the offences punishable under Sections 307, 323, 504, 506 read with 34 of IPC subject to following conditions:
i) Petitioner-accused No.1 shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender within fifteen days before the Investigating Officer.
iii) He shall not tamper with the prosecution evidence in any manner.
iv) He shall mark his attendance once in fifteen days before the jurisdictional police between 10.00 a.m. and 5.00 p.m., till the trial is concluded.
v) He shall not leave the jurisdiction of the trial Court without prior permission.
HA/-
Sd/- JUDGE