IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.6858 OF 2017 BETWEEN:
MANJUNATHA S/O. DEVARAJ, AGED ABOUT 22 YEARS, R/AT MADALPURA VILLAGE, KUNDURU POST, DANDIGANAHALLI HOBLI, CHENNARAYAPATNA TALUK, HASSAN DISTRICT-564 021.
... PETITIONER (BY SRI VIKAS M., ADV.,) AND:
STATE OF KARNATAKA BY COTTONPET POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
(BY SRI CHETAN DESAI, HCGP) * * * ... RESPONDENT THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETR. ON BAIL IN CR.NO.147/2017 OF COTTONPET P.S., BANGALORE FOR THE OFFENCE P/U/S 397 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused under Section 439 of Cr.P.C., seeking his release on bail of the offences punishable under Section 324 of IPC, registered in respondent–Police Station Crime No.147/2017, subsequently, during the course of investigation, the petitioner has been arrayed as accused and charge sheet has been filed for the offence punishable under Section 397 of IPC.
2. The case of the prosecution in brief is that, on 27.06.2017 at about 10.30 p.m., the complainant was walking near Vinayaka Traders, Mysore Road, Cottonpet, Bangalore City, towards his house. At that time, some unidentified assailant has assaulted him on his head and caused injuries to him. On 28.06.2017, he gave a complaint to the jurisdictional Police, who have registered the complaint firstly against unknown offender in Crime No.147/2017 for the offence punishable under Section 324 of IPC.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
4. Learned counsel for the petitioner made the submission that the complainant himself has mentioned in the complaint that some unidentified assailant has assaulted him. Based on the voluntary statement of the petitioner herein, the Police have registered a case for the offence punishable under Section 397 of IPC, which is not at all the case of the complainant himself and it was the case under Section 324 of IPC. Now, the investigation is completed and charge sheet has been filed. The alleged articles are also recovered.
5. Per contra, learned High Court Government Pleader for the respondent-State made the submission that looking to the complaint averments and the prosecution materials collected during the course of investigation, it makes a prima facie case against the petitioner. Hence, he submitted that the present petitioner is not entitled to be granted with bail.
6. I have perused the grounds urged in the bail petition, FIR, complaint and the order passed by the learned Sessions Judge rejecting the bail application of the petitioner herein and also other materials placed on record.
7. Looking to the materials placed on record, the complainant mentioned in the complaint that some unidentified assailant has assaulted him and originally, the case was registered for the offence under Section 324 of IPC. Now, investigation of the case is completed and charge sheet has already been filed. According to the prosecution, recovery of alleged articles is also completed. The offence alleged is not exclusively punishable with death nor imprisonment for life. Since the date of arrest, the petitioner is in judicial custody. By imposing reasonable condition, the petitioner can be admitted to regular bail.
8. Accordingly, petition is allowed.
Petitioner/accused is ordered to be enlarged on bail for the offence punishable under Section 397 of IPC registered in Crime No.147/2017, subject to following conditions:
i. Petitioner to execute a personal bond for Rs.1,00,000/- with one solvent surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner to appear before the concerned Court regularly.
Since, the petition is disposed of, I.A.No.1/2017 for interim bail does not survive for consideration and accordingly, it is disposed of.
Sd/- JUDGE PB