IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.86/2019 BETWEEN:
Mr. Nikhil @ Koti @ Cat, S/o. Prakash S C, Aged about 23 years, 1st Cross, Siddaraju Extension, Maddur Town, Shivapura, Mandya District-571 429. ...Petitioner (By Sri. Prashanth N K and Sri. Sachin N, Advocates) AND:
State of Karnataka, Through Station House, Office Maddur Police Station, Mandya District-571 428. ... Respondent (By Sri. H S Chandramouli, SPP for Sri. M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No. 325/2018 of Maddur Police Station, Mandya for the offences punishable under Sections 143, 147, 148, 504, 323, 307 read with 149 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 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.325/2018 of Maddur Police Station, Mandya for the offences punishable under Sections 143, 147, 148, 504, 323, 307 read with 149 of IPC 2. I have heard the learned counsel for petitioner and the Special Public Prosecutor along with the learned High Court Government Pleader for respondent-State.
3. The genesis of the case as per the complaint is that on 09.09.2018 near Rama Mandira park, the complainant along with his friend and the petitioner had a quarrel, due to previous enmity. On 21.09.2018 at about 7:20 p.m., the complainant and his friends while going at 1st Cross, Raj Kumar Layout, Shivapura, they met the petitioner-accused No.1. With an intention to commit the murder of the complainant and his friend, accused No.1 abused them in a filthy language and assaulted them by hands, accused Nos. 2 and 3 pushed the complainant on the ground and stamped them. Accused No.2 caught hold the complainant, while accused No.1 attempted to stab him with knife to his stomach. The complainant escaped from the said place. On the basis of the complaint, a case was registered.
4. It is the submission of learned counsel for the petitioner that the petitioner-accused No.1 has only assaulted the complainant with his hand and no specific injuries have been sustained by him. He further submitted that the provisions of Section 307 of IPC are not attracted as the complainant has sustained simple injuries and he has been already discharged from the hospital and he is out of danger. The alleged offences are not punishable with death or imprisonment for life. The petitioner-accused No.1 is ready to co- operate with the investigation and abide by any conditions that may be imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.1 on bail.
5. Per contra, learned Special Public Prosecutor vehemently argued and submitted that the present petitioner, because of the previous enmity abused and tried to stab the complainant with knife. Fortunately, the complainant escaped, however, he suffered with simple injuries, that itself clearly goes to show that the petitioner-accused No.1 with an intention to commit the murder, assaulted the complainant. There is ample material as against the petitioner-accused No.1.
Further, he submitted that the investigation is in progress, if the petitioner-accused No.1 is released on bail, he may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by both the learned counsels appearing for the parties and perused the records.
7. By going through the contents of the complaint and other materials, it indicates that though there are several allegations as against the petitioner- accused No.1, but the complainant has sustained simple injuries and he is out of danger. The alleged offences are not punishable with death or imprisonment for life. Even there are no bad antecedents against the petitioner in order to reject the bail application.
Under the said facts and circumstances of the case, the criminal petition is allowed. The petitioner-
accused No.1 is ordered to be released on anticipatory bail in Crime No.325/2018 of Maddur Police Station, Mandya, for the offences punishable under Sections 143, 147, 148, 504, 323, 307 read with 149 of IPC, subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on he executing 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 Investigating Officer.
2. He shall surrender before the Investigating Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence in any manner.
4. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the concerned police station till the charge sheet is filed.
5. He shall be regular in attending the Court.
6. He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE RB