IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF JUNE, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.4106 OF 2017 Between:
KIRAN KUMAR K.T. S/O THIRUMALAIAH, AGED ABOUT 25 YEARS, R/O KONASALE VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT – 571 428.
…PETITIONER (BY SRI. SHANKARAPPA S. ADVOCATE) And:
STATE OF KARNATAKA, BY KUMBALAGODUR P.S. REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU, PIN – 560 001.
…Respondent (BY SRI. S. VISHWAMURTHY, HCGP) ---
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 CR.NO.27/2017 OF KUMBALAGUDU P.S., RAMANAGARA DISTRICT FOR THE OFFENCE P/U/S 307 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner apprehends his arrest in Crime No.27/2017 registered by the respondent-police in respect of the offence under Section. 307 of the IPC.
2. The allegations is that on 31.1.2017 at about 10 p.m, the petitioner approached the complainant and demanded return of money and mobile which he had given to him. Since the complainant sought time, he entered into confrontation with him. Though the friends intervened to pacify the quarrel, he removed a knife and stabbed on his chest. The victim was shifted to the hospital and hospitalized for six days. He was discharged on 6.12.2017. His statement was recorded by the police on 1.12.2017.
3. Shri. Shankarappa, learned counsel appearing for the petitioner submits that the petitioner and the victim/complainant both are good friends and the incident occurred at the spur of the moment. Now both of them have resolved their disputes. Now complainant is not willing to prosecute his complaint and if anticipatory bail is granted, petitioner will surrender before the investigating officer and co-operate in the investigation.
4. Learned H.C.G.P, appearing for the State opposes the petition and submits that having regard to the gravity of the allegation, the petitioner who is absconding for the last six months is not entitled for bail and his custodial interrogation is required to recover the weapon used for the commission of the offence.
5. As per the submission at the Bar, the vehicle in which the petitioner travelled to the place of occurrence is stated to have been released. The very purpose of custodial interrogation being the seizure of the weapon used for the commission of the offence, that too, after a long gap of six months, there is no impediment to allow the petition.
6. In the circumstances, the petition is allowed. The petitioner is granted anticipatory bail, subject to the following conditions:
i) In the event of his arrest in Crime No. No.27/2017 No.27/2017 of Kumbalagodu P.S., the petitioner shall be released on bail on his executing a self bond in a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the investigating officer.
ii) The petitioner shall surrender before the investigating officer forthwith.
iii) The investigating officer is at liberty to interrogate him and recover incriminating material from his possession.
iv) In the event, interrogation continues for more than 24 hours, he shall be produced before the jurisdictional Magistrate.
v) He shall not threaten or prevail upon the complainant or other prosecution witnesses.
Sd/- JUDGE Msu