IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRL. P. NO.8824/2017 BETWEEN JAVAREGOWDA S/O LATE MALLEGOWDA AGED ABOUT 60 YEARS, R/O DODDAHONNEHALLI VILLAGE, KASABA HOBLI, HASSAN TALUKA AND DISTRICT-573201. (NOW IN JUDICIAL CUSTODY) ... PETITIONER (BY SRI. R B DESHPANDE, ADV.) AND THE STATE OF KARNATAKA BY HASSAN RURAL POLICE STATION HASSAN DISTRICT 573201, (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU 560 001. ... RESPONDENT (BY SRI. CHETAN DESAI, HCGP.) THIS CRL.P FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN CR.NO.255/2017 OF HASSAN RURAL P.S., HASSAN DISTRICT FOR THE OFFENCES P/U/SS.420,324,307,506 R/W 34 OF IPC.
THIS CRL.P COMING ON FOR ‘ORDERS’, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the alleged offences punishable under Sections 324, 307, 420, 506 r/w.34 of IPC registered in respondent – police station Crime No.255/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.1 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record, so also, the order of the learned Sessions Judge in rejecting the bail application.
4. During the course of hearing of the petition the learned counsel for the petitioner produced the documents i.e. the discharge certificate from Manjunatha Hospital, Shankar Mutt Road, K.R.Puram, Hassan 573 201 wherein it is stated that the injured admitted to the hospital on 17.10.2017 and discharged on 20.10.2017. He has also produced the wound certificate wherein it is stated that there are two injuries sustained, one is grievous and another is simple in nature.
5. Looking to these materials and the discharge of the injured from the hospital, it goes to show that his life is safe and out of danger at this stage. The petitioner denied the allegations and contended that there is a false implication and is ready to abide by any conditions imposed by the Court. One of the alleged offence under Section 307 of IPC, though non bailable in nature, is not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that petitioner can be granted with bail.
6. Accordingly, petition is allowed.
Petitioner/accused No.1 is ordered to be released on bail for the offence punishable under Sections 324, 307, 420, 506 r/w.34 of IPC registered in respondent – police station Crime No.255/2017 subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and 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 shall appear before the concerned Court regularly.
Sd/- JUDGE CT-HR rs