IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.9596/2018 BETWEEN:
1 KRISHNA S/O. LATE PUTTASWAMY AGED ABOUT 29 YEARS RESIDING AT 4TH CROSS, SIHINEERU KOLA, MANDYA PIN – 571 401 2 MADHU S.K., S/O. KRISHNEGOWDA AGED ABOUT 28 YEARS RESIDING AT SANABA VILLAGE CHINAKURULI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT PIN – 571 403 … PETITIONERS [BY SRI. K. LAKSHMIKANTH, ADVOCATE] AND:
STATE OF KARNATAKA BY MANDAY CENTRAL POLICE STATION MANDYA REP. BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 01 … RESPONDENT [BY SRI. K.P. YOGANNA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.PC., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.146/2018 [CC NO.363/2018] OF MANDYA CENTRAL P.S., MANDYA DISTRICT FOR THE OFFENCES P/U/S 506, 504, 307, 114 R/W. 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by the petitioners/accused Nos.4 and 5 under Section 439 of Cr.P.C. seeking their release on bail in Crime No.146/2018 of Mandya Central Police Station for the offences punishable under Sections 506, 504, 307, 114 read with Section 149 of IPC.
2. I have heard the learned counsel for the petitioners/accused Nos.4 and 5 and the learned High Court Government Pleader for respondent-State.
3. The genesis of the complaint which came to be recorded in Victoria Hospital, Bengaluru, is that on 31.08.2018 at about 10 pm, the injured came out from his sister’s house and was about to start his bike. At that time, all the accused persons came in Indica car, abused the injured and assaulted him with chopper, club, knife and as a result he sustained grievous injuries and the accused persons also intimidated the injured. One Srinivasa and Shekara pacified the quarrel and took him to Victoria Hospital and thereafter a complaint was registered against unknown persons and subsequently the name of the accused persons have been included.
4. It is submitted by the learned Counsel for the petitioners that the injured has already been discharged from the Hospital prior to recording the further statement of the complainant on 5.9.2018. He further submitted that the injured is out of danger and already charge sheet has been filed and accused-petitioners are ready to abide by the conditions and offer sureties imposed by this Court. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.4 and 5 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that it is Accused No.4 who assaulted with chopper and caused grievous injuries and case has been earlier registered against him under Section 307 of IPC. He further submitted that all the accused persons including the petitioners have assaulted the injured by chopper, club and thereby caused grievous injuries. He further submitted that the said weapons have been recovered at the instance of the accused/petitioner. There is prima facie material against the petitioner. On these grounds, he prayed for dismissal of the petition.
6. I have carefully and cautiously gone through the contents of the complaint and submissions made by the learned counsel for the parties and perused the other materials placed on record.
7. On close scrutiny of the records, it indicates that the injured who got admitted in Victorial Hospital on 31.08.2018, has been subsequently discharged prior to 5.9.2018 from Nimhans Hospital. It indicates that the injured is out of danger. The alleged offences are not punishable with death or of imprisonment for life. Already, charge sheet has been filed and accused/petitioners are not required for the purpose for further investigation or interrogation. Under the said facts and circumstances, this Court is of the opinion that by imposing stringent conditions if the accused-petitioners are enlarged on bail, it would meet the ends of justice.
8. In the light of the above discussion, petition is allowed.
9. Petitioners/accused Nos.4 and 5 are enlarged on bail in Crime No.146/2018 of Mandya Central Police Station for the offences punishable under sections 506, 504, 307, 114 r/w. Section 149 of IPC subject to the following conditions:
1. Petitioners/accused Nos.4 and 5 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) each with two sureties for the likesum to the satisfaction of the trial Court.
2. They shall not tamper with the prosecution evidence in any manner.
3. They shall not leave the jurisdiction of the court without prior permission.
4. They shall attend on all the dates of hearing.
AN/-
Sd/- JUDGE