IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6969 OF 2018 BETWEEN:
M.Sudarshan S/o late Mahadeva Swamy, Aged about 30 years, R/at No.4289, 2nd Cross, Gandhinagar, Mysuru-570 007.
(By Sri.S.Ravindra, Advocate) AND:
State of Karnataka By Narasimharaja Police Station Represented by SPP High Court Bengaluru-560 001.
...Petitioner ...Respondent (By K.P.Yogana, 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.165/2018 of Narasimharaja Police Station, Mysuru for the offences punishable under Sections 323, 324, 307, 504 and 506 of IPC.
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 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.165/2018 of Narasimharaja Police Station, Mysuru for the offences punishable under Sections 323, 324, 307, 504 and 506 of IPC.
2. Learned counsel for the petitioner is absent.
Even in spite of giving sufficient opportunity and adjourning the cases on day to day basis, he has not appeared. I have heard the learned HCGP appearing for respondent-State.
3. The gist of the complaint is that on 22.07.2018, the complainant has filed the complaint alleging that there were pending cases between complainant’s cousin-Ramesh and the petitioner and complainant’s brother and other are the witnesses were also attending Court. On 20.07.2018 at about 10.30 pm accused –petitioner came and scolded the complainant in filthy language and assaulted with chopper to the complainant, when he aimed assault at the neck of the complainant it was staved off by the complainant by stretching his hand as a result the chopper caused injuries to his hand, thereafter with the haft of the chopper he is alleged to have assaulted at the nose and with head butted at the lips of the complainant causing injuries bleeding in nature. His friends intervened and rescued the complainant from the petitioner and he was taken to the hospital and complaint has been registered.
4. It is contended in the petition that the petitioner is innocent and there is delay of two days in lodging the complaint. Injured person has already been discharged from the hospital and he is out of danger and the injuries suffered are simple in nature and provisions of Section 307 of IPC are not attracted. It is further contended in the petition that the petitioner is ready to abide by the conditions imposed on him by this Court and ready to offer sureties and on these grounds, prayed to allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner-accused is a rowdy-sheeter and as many as seven cases have been registered against the petitioner-accused. He is a habitual offender. He further submitted that if the accused-petitioner is released on bail, he may abscond and may not be available for trial. There is prima-facie material exist as against the petitioner to show that he has assaulted the complainant with chopper and caused grievous injuries. On these grounds he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and perused the records.
7. On close reading of the said complaint and other materials, it is seen that there appears to be several dispute between the parties and there is direct overtact as against the petitioner and even there is prima facie material to show that accused-petitioner has assaulted the complainant with chopper and has caused grievous injuries. The HCGP pleads that he is a rowdy sheeter and as many as seven cases have been registered against the petitioner-accused.
8. Therefore, I feel that there are no good grounds to exercise the power under Section 438 of Cr.P.C. to release the petitioner-accused on anticipatory bail. Hence, the petition stands dismissed. However, liberty is given to petitioner, if he surrenders and apply for regular bail, the above observations will not come in the way while deciding the case on merits.
Sd/- JUDGE ag