IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.223/2019 BETWEEN :
Mahesha @ IPS S/o Puttappa Aged about 32 years R/at No.1/19-2, 1st Main C/o Ramegowda Building 2nd Floor, Vittal Nagar, Kasturiba Nagar Bengaluru-560 026.
(By Sri Bhyresh V., Advocate for Sri Kemparaju, Advocate) AND :
… Petitioner State of Karnataka by Chamarajpet Police Station Represented by its State Public Prosecutor High Court Complex, Bengaluru-560 001.
… Respondent (By Sri M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.234/2018 of Chamarajpet Police Station, Bengaluru City, for the offence punishable under Section 307 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 is filed by the accused under Section 439 of Cr.P.C. praying to release him on bail in Crime No.234/2018 of Chamarajpet Police Station for the offence punishable under Section 307 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. It is the submission of the learned counsel for the petitioner that the petitioner is innocent and he is totally stranger to the alleged crime. He further submitted that already the injured has been discharged from the hospital and he is out of danger. He further submitted that the alleged offence is not punishable with death or imprisonment for life and the petitioner is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner on bail.
4. Per contra, the learned HCGP vehemently argued and submitted that the petitioner-accused has committed serious offence by slitting the neck of the injured with blade and the accused-petitioner has been apprehended by the police. He further submitted that the wound certificate has not been secured and if the petitioner is enlarged on bail, he may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
5. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties. As could be seen from the contents of the complaint, it is alleged that on 17.11.2018, the complainant went to Manju Bar to drink alcohol at about 7.00 p.m. At that time, his friend Ramu also came to the same Bar. There was some altercation between the complainant and Ramu and accused-petitioner assaulted the complainant and slit his neck thereby attempted to commit his murder. Already the injured has been discharged from the hospital and he is out of danger. It is not the case of the prosecution that the petitioner- accused is required for further investigation or interrogation. Under such circumstances, I feel that by imposing some stringent conditions, if the petitioner is ordered to be released on bail, it would meet the ends of justice.
Accordingly, the petition is allowed and petitioner- accused is enlarged on bail in Crime No.234/2018 of Chamarajpet Police Station for the offence punishable under Section 307 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two Lakhs only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence in any manner.
iii) He shall not leave the jurisdiction of the trial Court without prior permission.
iv) He shall not indulge in similar type of criminal activities.
v) He shall mark his attendance once in a month one very 1st before the jurisdictional police between 10.00 a.m. and 5.00 p.m. till the trial is completed.
Sd/- JUDGE *ck/-