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.4655 OF 2019 BETWEEN:
HARISHA S/O.RANGAPPA KADEMANE AGED ABOUT 38 YEARS R/O.LINGAPURA VILLAGE HONNALI TQ. DAVANAGERE – 577 001.
(BY SRI.S.G.RAJENDRA REDDY, ADV.,) AND:
THE STATE BY SHO HONNALI HONNALI, DAVANAGERE DISTRICT RPTD. BY S.P.P.
HIGH COURT BENGALURU – 560 001.
(BY SRI.HONNAPPA, HCGP) ... PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.93/2019 OF HONNAHALI POLICE STATION REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC. 447, 504, 323, 324, 354(B), 506, 306 READ WITH SECTION 34 OF IPC PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN.) AND JMFC COURT, HONNALI, DAVANAGERE DISRTICT, IN THE INTEREST OF JUSTICE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and learned HCGP for the respondent – State. Perused the records.
2. The brief facts of the case is that on 15.04.2019 at about 3.00 p.m., when the complainant by name -Lakshmi Bai had been to her land, she found the accused – Harish was grazing his cattle in the said land, which was taken by the complainant for cultivation. The complainant told the accused not to graze the cattle in the said land and told him to go out of the said land, but the accused abused her in filthy language and also assaulted her and outraged her modesty etc., and he also threatened her with dire consequences of killing her. Having suffered such incident, the complainant came back to her house and informed her husband and both of them lodged the complaint against the petitioner. At that juncture, the brother of the accused by name – Suresh also threatened them with dire consequences. Having afraid of accused and his brother, complainant and her husband did not lodge any complaint. In this context, being frustrated with life, having suffered such incident, the husband of the complainant consumed poison and died on 18.04.2019. On these allegations, police have registered a case in Crime No.93/2019 for the offences punishable under Sections 447, 504, 323, 324, 354(B), 506, 306 read with Section 34 of IPC. The above said circumstances do not disclose whether the deceased has died due to the instigation or abetment by the petitioner’s act. The other offences are not punishable either with death or imprisonment for life.
3. Under the above said circumstances, petitioner is entitled to be enlarged on bail with stringent conditions. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.93/2019 of Honnali Police Station, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and he shall execute his personal bond for a sum of Rs.1,00,000/- with two sureties 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 Bengaluru 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 i.e, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE VMB