IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6064/2017 Between:
Mahesh @ Pandri S/o Late Bairegowda, Aged about 35 years, Residing at Hulikere Village, Belagola Hobli, Srirangapatna Taluk, Mandya Dsitrict, Pin – 571 498.
(By Sri. Lakshmikanth K, Advocate) And:
State of Karnataka by K.R.S Police Station, Mandya, Rep by its Public Prosecutor, High Court Building, Bengaluru – 01.
(By Sri. S.Vishwamurthy, HCGP) …Petitioner …Respondent This criminal petition is filed under Section 439 of Cr.P.C Praying to enlarge the petitioner on bail in Cr.No.126/2017 of K.R.Sagar Police Station, Mandya which is registered for the offence p/u/s 448 and 307 r/w 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner is in judicial custody since 10.06.2017 in Crime No.126/2017 registered by the respondent-police in respect of the offences punishable under Sections 448 and 307 r/w 34 of IPC. He is arraigned as accused No.1 at column No.6 of the FIR.
3. The allegation is, the victim-Smt. Geetha, who is none other than the wife of the accused, works as a computer operator in Hulikere, Gramapanchayat. On 27.05.2017, the petitioner along with the co-accused barged into the Panchayat office with lethal weapons, assaulted the victim indiscriminately. When the PDO/complainant tried to catch hold of the culprit, they wielded their weapons and escaped. The petitioner was in judicial custody in a case registered for the offence under Section 302 of IPC for one year, which resulted in divorce and now she got married another person.
4. Sri Lakshmikanth K, learned counsel for the petitioner submits that even now the marriage is subsisting. The weapon allegedly used for the commission of offence is seized by the Investigating Officer. Since the major portion of the investigation is complete, he is no more required by the Investigating Officer. The petitioner undertakes to abide by any condition that may be imposed on him by this Court.
5. Leaned HCGP expresses his apprehension that if petitioner is enlarged on bail, again he may risk the life of the victim.
6. However, having regard to the submissions of the learned counsel for the petitioner that the victim did not suffer any grievous injury during the incident and she was discharged from hospital after being treated as in-patient for two days and the petitioner will make honest effort to settle his dispute with the victim and undertakes not to do any harm to her, petition is allowed.
Petitioner is enlarged on bail in connection with Crime No.126/2017 registered by the respondent Police, subject to the following conditions:
(i) He shall execute a self bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum;
(ii) He shall not threaten or terrorize the victim-Smt. Geetha;
If he avoids the undertaking given by the counsel to this Court, the Investigating Officer is at liberty to seek cancellation of bail before the concerned Court.
Sd/- JUDGE VBS