IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7314/2017 BETWEEN:
K A Shareef S/o Abdul Rahiman Aged about 27 years R/at Kunjila Village Kakkabbe Post Madikeri Taluk Kodagu District-573 733. ... PETITIONER (By Sri Lethif B, Adv.) AND:
State of Karnataka By Napoklu Police Station Kodagu District Represented by SPP High Court Building Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.68/2017 of Napoklu P.S., Kodagu, for the offences P/U/S 341, 504, 307 read with Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused No.1 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 307, 341, 504 r/w Section 34 of IPC registered in respondent police station Crime No.68/2017.
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.
4. The complainant is the brother-in-law of the petitioner-accused No.1. It is alleged that when the complainant was proceeding on 4.6.2017 at 6.30 p.m. to the Mosque for Namaz, the petitioner along with another person obstructed him, abused and demanded talaq from him for his sister and also assaulted with deadly weapons causing bleeding injuries.
5. It is the contention of the petitioner herein that earlier the wife of the petitioner had filed the complaint against the complainant in Crime No.69/2017 for the offences punishable under Sections 504, 323 and 506 of IPC and as a counter blast, this complaint has been filed against petitioner and another. It is contended that there is a false implication and complainant himself assaulted the wife of the petitioner herein. The petitioner is ready to abide by any reasonable conditions to be imposed by the Court. The injured is discharged from the hospital and the injuries sustained are simple in nature. Even though the alleged offence is under Section 307 of IPC, it is not exclusively punishable with death or imprisonment for life.
6. Accordingly, petition is allowed. The respondent-police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 307, 341, 504 r/w Section 34 of IPC registered in respondent police station Crime No.68/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for Rs.50,000/- and shall furnish one solvent surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE bkp