IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.8960/2018 BETWEEN :
1. Mr. Nagaraju S/o late Ramappa Aged about 46 years 2. Smt. Lakshmamma W/o Mr. Nagaraju Aged about 40 years 3. Shashikumar S/o Mr. Nagaraju Aged about 22 years 4. Smt. Sahana @ Shashikala D/o Mr. Nagaraju Aged about 20 years All are residents of Karenahalli Village Mandikal Hobli, Chikkaballapura Taluk Chikkaballapura Taluk.
(By Sri P. Nehru, Advocate) … Petitioners AND :
State by Gudibande Police Chikkaballapura District Represented by State Public Prosecutor High Court Complex Bengaluru-560 001.
(By Sri M. Divakar Maddur, HCGP) … Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Crime No.157/2018 (C.C.478/2018) of Gudibande Police Station, Chikkaballapura, for the offences punishable under Sections 323, 324, 504, 506 and 307 r/w. Section 34 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 accused Nos.1 to 4 under Section 438 of Cr.P.C. praying to release them on anticipatory bail in Crime No.157/2018 of Gudibande Police Station for the offences punishable under Sections 323, 324, 504, 506, 307 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. Brief facts of the case as per the complaint are that on 4.6.2018 at about 7.00 p.m. when the wife of the complainant Rathnamma was washing the utensils by the side of the house, accused Nos.1 and 2 came and objected for such washing and letting of waste water and abused her in filthy language, when Rathnamma asked them as to why they are objecting, accused No.1 abused in filthy language and assaulted on her face with hand. When CW.4-Prashant went to pacify, again accused No.1 strayed him and accused No.3 came with chopper along with accused No.4. Accused Nos.2 and 4 assaulted and tried to outrage the modesty of the wife of the complainant by dragging her tuft. At that time, again accused No.1 assaulted her with knife on abdomen and accused No.4 assaulted CW.3-Baghyamma on her chest, when she came to rescue her. Accused No.2 assaulted Bagyamma on her head and accused No.1 assaulted the complainant with chopper which was with accused No.3 and caused bleeding injuries on his leg and accused N.3 assaulted the complainant with hands. They also threatened them with dire consequences. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioners that because of the civil disputes, a false complaint has been filed against the petitioners. CWs.3 and 4, the injured have suffered with simple injuries and they have already been discharged from the hospital and they are out of danger. He further submitted that petitioners are not having any pre-antecedents. The alleged offences are not punishable with death or imprisonment for life. The petitioners are ready to abide by any conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition by granting anticipatory bail to the petitioners.
5. Per contra, the learned HCGP vehemently argued and submitted that it is the petitioners who have attacked the complainant, his wife Rathnamma, CW.3- Bhagyamma and caused grievous injuries. He further submitted that petitioners are absconding and are not available for the purpose of interrogation or investigation. If they are released on bail, they may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petitions.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. As could be seen from the contents of the complaint and other material, it discloses that the petitioners have assaulted the complainant, his wife Rathnamma and CW.3-Bhagyamma and caused the injuries. As could be seen from the wound certificate issued by the General Hospital, Gudibande, injured have taken to the hospital with the history of assault. They have taken treatment on 4.6.2018 and the injuries mentioned in the wound certificate in respect of all the three injured, are simple in nature. There are no serious injuries found over the body of any of the injured persons. They have already discharged from the hospital and they are out of danger. The alleged offences are not punishable with death or imprisonment for life.
Taking into consideration of the facts and circumstances of the case, petition is allowed. Accused Nos.1 to 4, petitioners herein are ordered to be released on anticipatory bail in the event of their arrest in Crime No.157/2018 of Gudibande Police Station for the offences punishable under Sections 323, 324, 504, 506, 307 r/w. Section 34 of IPC, subject to the following conditions:-
i) Each of the petitioners 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 Investigating Officer.
ii) They shall surrender before the Investigating Officer within fifteen days from today.
iii) They shall not tamper with the prosecution evidence directly or indirectly.
iv) They shall not leave the jurisdiction of the trial Court without prior permission.
v) They shall be regular in attending the trial. If they fail to attend the trial, the trial Court is at liberty to cancel the bail.
In view of the disposal of the petition, I.A.No.1/2018 stands dismissed as it does not survive for consideration.
Sd/- JUDGE *ck/-