IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.4364/2019 BETWEEN KUMARESHA @ MAVATT S/O MURUGAN AGED ABOUT 28 YEARS R/AT GUNDAMMANA VATARA, SHIVAJI BAGILU 1ST CROSS, BEHIND ANGALA PARAMESHWARI TEMPLE MAGADI ROAD BENGALURU – 560 023 ... PETITIONER (BY SRI. VEERANNA G. TIGADI, ADVOCATE) AND THE STATE OF KARNATAKA BY UPPARPET POLICE STATION BENGALURU, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.42/2018 (S.C.NO.1436/2018) REGISTERED BY UPPARPET POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 354 AND 307 READ WITH 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent-State. Perused the records.
2. Petitioner has arraigned as Accused No.1 in C.C. No.14662/2018, which is presently committed to the Court of Sessions and registered in SC No.1436/2018 pending on the file of LXXI Additional City Civil and Sessions Judge (CCH-72) at Bengaluru, for the offences punishable under Sections 354, 307 r/w. 34 of IPC.
3. The brief factual matrix of the case are that, on 12.02.2018 at about 7.30 pm., when CW.1-Smt. Haseena and her sister CW.2-Parveen Taj were standing near Hotel Gokul at Magestic, within the jurisdiction of Upparpet Police Station, at that time, Accused Nos.1 & 2 along with other two persons came to the spot and in fact Accused No.2 misbehaved with CW.1 and snatched mobile phone and thereafter, returned it to her and at that time, when CWs.1 & 2 questioned them as to why they are behaving in such a manner, being enraged by the said act of CWs. 1 & 2, Accused No.1 took out a knife and assaulted on the hind portion of the left thigh and also on the back of left arm and when CW.2 came to the rescue of CW.1, Accused No.1 has also assaulted on the left side chest and left hand and back side of the head. As a result of the said assault, CWs. 1 & 2 have suffered bleeding injuries. The perusal of the injury certificates produced before the court along with charge sheet papers disclose that, CW.1 has suffered two injuries ie., one abrasion over the left forearm and another surgical sutured wound over back of the left thigh and it is stated that Injury No.1 was simple and Injury No.2 was grievous in nature. The injury certificate pertaining to CW.2-Parveen Taj discloses that, she has suffered two bleeding injuries one is over the left breast and another is on lower part of the medial aspect and they are grievous in nature.
4. Learned counsel for the petitioner has strenuously contended that, though CWs. 1 & 2 said to have suffered grievous injuries, but they were discharged from the hospital within five days and further added to that, for the present, they are out of danger. Therefore, at this stage, it is very difficult to draw any inference that those injuries were sufficient to cause death of a person in the ordinary course in order to attract Section 307 of IPC. Learned counsel also submitted that, even the said act of the accused is considered, it was preceded with the quarrel between CWs. 1 & 2 and the Accused Nos. 1 & 2 and at that time, in enragement, the said injuries were caused and there was no intention on the part of the accused to cause any injuries to them. All these aspects have to be examined by the trial court during the full- dressed trial. More over, the petitioner has been in jail for more than one year three months. Therefore, it is submitted that, the petitioner is entitled to be enlarged on bail.
5. Learned HCGP submitted that the petitioner was also involved in a murder case. Therefore, he is not entitled for bail.
6. In reply to the submission of the learned HCGP, learned counsel for the petitioner submitted that, in that particular case, the petitioner was already released on bail vide an order of this Court in Criminal Petition No.900/2019 passed on 01.07.2019. Even the said case is pending against him, but the court has to examine the materials on record to give a finding.
7. This case is concerned, though CWs.1 & 2 have suffered grievous injuries due to assault by the accused, but whether the said act of the accused falls under Section 307 or not, has to be established beyond reasonable doubt during the full-dressed trial. Therefore, in the above facts and circumstances, considering the incarceration of the petitioner for a period of more than one year three months and the nature of allegations made as noted above, the petitioner is entitled to be enlarged on bail. Hence, the following order:
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.42/2018 of Upparpet Police Station, pending in C.C.No. 14662/2018 on the file of 5th Additional CMM Court, Bengaluru, registered against him for the offences punishable under Sections 326, 354, 307 r/w. 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with Two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court, till the case registered against him is disposed of.
Sd/-
JUDGE KGR*