IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8175/2018 Between:
Mohammed Shameer @ Delhi, S/o Mohammed Ali, Aged 27 years, R/at Kallandadka House and Post, Kodippadi Village, Puttur Taluk, D.K. District – 574 201. ...Petitioner (By Sri.Abdul Ansar P., Advocate) And:
State of Karnataka, By Puttur Town Police, D.K. District – 574 201. Represented by SPP, High Court Building, Bangalore – 560 001. ...Respondent (By Smt. Namitha Mahesh B.G. HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.101/2018 (C.C.No.3565/2018) of Puttur town Police Station, D.K. for the offence P/U/S 324, 504, 307 read with 34 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 No.1 under Section 439 of Cr.P.C. seeking his release on bail in Crime No.101/2018 registered by Puttur Town Police Station for the offences punishable under Sections 324 and 307 r/w Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. The brief facts of the case as per the complaint are that on 10.06.2018 at about 11.00 p.m., when the complainant was in his relatives house, the accused persons came in Ford Icon Car bearing Registration No.KA-04-MC-56 and called the complainant. When the complainant came out of the house, petitioner - accused No.1 asked him to pay the money which was due by him. Then the complainant stated that he is not in due of any money to him, then, accused Nos. 2 and 3 took the complainant along with them as they have to talk with him and they went in the car. Thereafter, the said car was stopped at some distance from the relatives’ house. There, petitioner-accused No.1 asked him to pay the money. In turn, the complainant stated that he is not due of any money to him. Then, petitioner-accused No.1 stated not to leave him alive, if he is not paying the amount. At that time, petitioner-accused No.1 showed the knife and accused Nos.2 and 3 showed the iron rod and asked him to pay the money. When the complainant tried to escape from them thinking that they are going to take away his life, at that time accused No.1 restrained him and assaulted on his chest with knife. At that time he put his hand across and the said blow fell on his left wrist and he sustained bleeding injuries. When he fell down, accused Nos.2 and 3 assaulted on his back with iron rods and then he escaped and ran away towards the house of Farooq and at that time the accused persons were stating as “kill him” and chased him, but he escaped. Due to fear, he hide himself and on the next day, he went to the house of Farooq and said Farooq took him to the Government Hospital at Puttur for treatment and got him admitted. Thereafter, a case came to be lodged.
4. It is submitted by the learned counsel for the petitioner that there was money transaction between the complainant and accused. Complaint indicates that the complainant was got admitted in the hospital at about 10.00 a.m. and he is out of danger, thereafter he was discharged from the hospital. He further submitted that the alleged offence is not punishable with death or imprisonment for life. Accused No.2 has already been released on bail. Under similar facts and circumstances, even on the ground of parity, the petitoenr- accused is entitled to be released on bail. On these grounds, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there is strong motive as against the petitioner/accused No.1 for having made the demand for money from the complainant. She further submitted that three criminal cases have been registered against the petitioner in Panambur police station. Learned HCGP further submitted that, if the petitioner-accused No.1 is enlarged on bail, he may abscond and not available for trial. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which have been produced along with the petition.
7. Though in the complaint there is allegation to the effect that accused Nos.1 to 3 took the complainant in Ford Icon car and subsequently, they assaulted the complainant and caused grievous injuries with an intention to take away his life.,But the records indicate that the injured-complainant has been discharged from the hospital and he is out of danger. This Court has granted bail to accused No.2 on 18.9.2018 in Crl.P.No.5571/2018. Hence, on the ground of parity, this petitioner-accused No.1 is to be enlarged on bail. Though it is submitted by the learned HCGP that some criminal cases have been registered against the petitioner-accused No.1, but they are of the year 2009, 2013, and 2015 and has no bearing on this case.
8. In the light of discussion held by me above, petition is allowed.
The petitioner/accused No. 1 is enlarged on bail in Crime No.101/2018 registered by Puttur Town Police Station for the offences punishable under Sections 324 and 307 read with Section 34 of IPC subject to the following conditions:
1. Petitioner/accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence in any manner till the disposal of the case.
3. He shall be available for the trial on all the date of hearings till the trial is concluded.
4. He should not leave the jurisdiction of the Court without prior permission.
Psg* Sd/- JUDGE