IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.8550/2018 BETWEEN:
Krishnegowda S/o Ramegowda Aged about 43 years R/at Maradevanahalli Village Bellur Hobli, Nagamangala Taluk Mandya District-571 430.
(By Sri K.M.Sanath Kumara, Advocate) AND:
State of Karnataka by Bellur Police Station, Bellur, Nagamangala Taluk Mandya District-571 430.
Represented by State Public Prosecutor High Court of Karnataka Bangalore-560 001.
(By Sri K.P. Yoganna, HCGP) … Petitioner … Respondent 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 Crime No.214/2018 (FIR No.317/2018) of Bellur Police Station, Mandya District, for the offences punishable under Sections 307, 324, 504, 506 r/w Section 34 of Indian Penal Code.
This Criminal Petition coming on for Orders, this day the Court made the following:-
O R D E R The present petition has been filed by the petitioner/ accused No.1 under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.214/2018 of Bellur police station for the offences punishable under Sections 307, 324, 504, 506 r/w Section 34 of IPC.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that petitioner/accused No.1 and wife of the complainant and mother of the injured persons are the brother and sister. The wife of the complainant has filed a suit for partition. The brother-in- law of the complainant is not taking care of his mother-in- law and he is taking care of her. Therefore, his son injured residing in his grand-mother’s house. Petitioner/accused has developed enmity with the complainant’s family and the mother of the accused and mother-in-law of the complainant expressed her desire to give properties to the complainant’s wife. In that light, on 24.9.2018 at about 5.50 p.m. with the earlier enmity, accused No.1 along with his two minor sons attacked the injured with sickle, club and caused the grievous injuries. On the basis of the complaint a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the civil disputes are pending between the parties and earlier to the incident the injured has attacked and even accused No.1 has also sustained grievous injuries and he was unconscious. He further submitted that in a heat of moment the alleged incident has taken place without there being any intention to cause the injuries. He further submitted that the injuries suffered by the injured are simple in nature and already he has been discharged from the hospital on 6.10.2018 and he is out of danger. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner/accused on anticipatory bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that because of the previous enmity between the parties, the petitioner/accused assaulted the injured with sickle and caused the grievous injuries including the middle head injury with soft tissue. The injury suffered by the injured are grievous in nature and he is in the hospital for a period of 12 days. If the petitioner/accused is granted bail, he may again indulge in similar type of criminal activities and he may tamper with the prosecution evidence. On these grounds he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. It is not in dispute that civil disputes are pending between the parties. Even as could be seen from the records the petitioner/accused has also suffered with injuries in the said galata and he was also admitted on the same day in Adichunchanagiri Hospital and he was discharged on 26.9.2018. Even the records show that the injured was also got admitted on the same day and he was discharged on 6.10.2018. When already the injured has been discharged and out of danger and the alleged offences are not punishable with death or imprisonment for life, under the facts and circumstances of the case, I feel that by imposing stringent conditions if the petitioner/accused is ordered to be released on anticipatory bail, it will satisfy the contentions of the prosecution.
8. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.1 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.214/2018 of Bellur Police Station, for the offences punishable under Sections 307, 324, 504, 506 r/w Section 34 of IPC, subject to the following conditions:
i) Petitioner shall execute a personal bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within 15 days from today.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall mark his attendance once in 15 days in between 10.00 A.M. and 5.00 P.M. till the charge sheet is filed.
v) He shall co-operate with the Investigating Agency.
vi) He shall not leave the jurisdiction of the trial Court without prior permission of the Court.
*AP/-
Sd/- JUDGE