IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 3922/2019 BETWEEN:
Smt. Kalavathi W/o. Late Chandrashekar, Aged about 45 years, R/at No.370-I, Slum Area, Gowribidanur Town, Chickaballapur District.
PIN – 561 208. ... Petitioner (By Sri. Rahamathulla Shariff, Advocate) AND:
State of Karnataka Rep. by Sub-Inspector of Police Tunganagar Police Station, Shivamogga, Represented by SPP High Court of Karnataka Bengaluru 560 001. ... Respondent (By Sri. K. P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Code of the Criminal Procedure Code praying to release the petitioner on bail in Crime No.193/2019 registered for the offences punishable u/s 364, 307, 115 r/w 34 of IPC by the respondent – Police pending on the file of Addl. Civil Judge (Jr. Dn.) & JMFC-3, Court, Shivamogga.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.193/2019 with respect to offences punishable under Sections 364, 307, 115 r/w 34 of IPC.
2. The case of the prosecution is that on 24.04.2019, accused no.1 – Chaluvaraj and Nandeesh had gone to Shivamoga City in order to visit the Mutt. It is stated that on the way, they had liquor together and there was some altercation and accused no.1 is alleged to have abused Nandeesh and caused injury by using knife. On the basis of complaint lodged, FIR is registered and investigation is in progress.
3. The learned counsel for the petitioner states that there is previous animosity which has resulted in filing a malafide complaint. Even otherwise, the allegation as per the complaint would make out a case against accused no.1–Chaluvaraj and hence it is contended that role of instigation by the present petitioner, if any, is a matter that rests on oral evidence and to be established during trial.
4. Taking note of the fact that prima-facie a bare perusal of the complaint would show that the injury is caused by accused no.1 with a knife and the allegation against the petitioner is only that petitioner is said to have instigated commission of offence, the aspect of proof of role of the petitioner in commission of crime is a matter for trial. Taking note of the nature of injuries caused and the role assigned to the petitioner in the complaint, case is made out for the petitioner being enlarged on bail.
5. The Sessions Court has rejected the application by observing that investigation was pending. However, in the light of observations made above, the case is made out for enlarging the petitioner on bail.
6. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.193/2019 with respect to offences punishable under Sections 364, 307, 115 r/w 34 of IPC subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.193/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum before the concerned court.
(ii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iii) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(iv) The petitioner shall physically present herself and mark her attendance before the Station House Officer, Tunga Nagar P.S., Shimoga Rural Circle, Shimoga once in a week between 10.00 a.m. and 5.00 p.m., till conclusion of the trial.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Np/-
Sd/- JUDGE