IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 5411/2019 BETWEEN H.P. SATHISHA S/O. PUTTEGOWDA AGED 42 YEARS R/AT. NO.145 GRAMAPANCHAYATHI BEEDI HIREMARLI, PANDAVAPURA TALUK MANDYA DISTRICT – 571 434 ... PETITIONER (BY SRI. BIPIN HEGDE, ADVOCATE) AND STATE BY MELUKOTE POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.55/2019 OF MELUKOTE POLICE STATION, MANDYA, FOR THE OFFENCE P/U/Ss.143, 147, 323, 307, 114, 504, 506 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as Accused No.4 in Crime No.55/2019 of Melukote Police Station, Mandya, for the offence punishable under Sections 143, 147, 323, 307, 114, 504, 506 & 149 of IPC, which is now pending before the Court of Civil Judge (Sr.Dn.) and JMFC, Pandavapura, Mandya District.
3. The brief facts of the case are that, there were some differences regarding financial issue between the complainant and one Sathisha of Heremarali Village. In that context, one of the accused by name Ashoka @ Greeph telephoned to the complainant and said that he want to talk with him regarding the said financial issue. For that, the complainant told him that he will be waiting near the Circle of Lakshmisagara Village. Accordingly, at about 10.00 p.m., when the complainant was waiting for the said accused-Ashok near the said circle, all the accused persons including this petitioner (A4) came there and Accused No.1 has assaulted the complainant/injured with a knife on his buttock. It is alleged that this petitioner (A4) and another accused Arun Dasa and Nagaraju have assaulted the complainant with their hands on cheek and back, and pushed him to the ground and kicked him with their legs. When the complainant screamed for help, one Ravi and Jayaram, who were passing nearby, came to his rescue and on seeing them, the accused persons ran away from the spot. Immediately, thereafter, the complainant took treatment for the injuries sustained by him in the hospital.
4. Learned HCGP submits that, the complainant has suffered simple injuries. The allegation against this petitioner (A4) is that, he has assaulted the complainant by hands on the cheek and back, and except that, no other serious allegations are made against him.
5. In the above said facts and circumstances of the case, I am of the opinion that, the petitioner (A4) has made-out a ground for grant of anticipatory bail, therefore, he is entitled to be enlarged on Anticipatory Bail with certain conditions. Hence, the following, -
ORDER The petition is allowed. Consequently, the petitioner (A4)-H.P. Sathisha shall be released on bail in the event of his arrest in connection with Crime No.55/2019 of Melukote Police Station, Mandya District, registered for the alleged offences, now pending before the Court of Civil Jude (Jr.Dn.) and JMFC, Pandavapura, Mandya District, subject to the following conditions:-
i) The petitioner shall surrender himself before the concerned Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Mandya District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the concerned Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE KGR*