IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.8595/2017 BETWEEN:
Pradeep S/o Mahendra Aged about 26 years, R/at No.8161, 2nd Main, Near Eshwar Temple, Mathikere, Bengaluru. .. Petitioner ( By Sri Gireesha J.T., Advocate ) AND State by Soladevanahalli P.S. Bangalore-560 096, Represented by S.P.P.
High Court Building, High Court-560 001. .. Respondent ( By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.275/2017, of Soladevanahalli Police Station, Bangalore, for the offences punishable under Section 498A, 328 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 Sections 498A and 328 of IPC, registered in respondent – police station in Crime No.275/2017.
2. Brief facts of the prosecution case as per the complaint averments are that, complainant is the wife of petitioner/accused. She filed a complaint alleging that when she had been to her native place for the purpose of delivery, her husband also came to her native place and on the date of the incident, he brought the juice and gave it to her. After consuming the said juice, within 5 to 10 minutes, she had suffered stomach pain and chest pain and she fell down. At that time, her husband went away from the said place and her brother immediately shifted her to hospital through ambulance. Hence, it is her contention that he made an attempt to commit her murder by giving such juice. Based on the said complaint, case came to be registered.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and the learned High Court Government Pleader appearing for the respondent- State, so also the order of the learned Sessions Judge, rejecting the bail application of the petitioner.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
5. One of the ground for rejection of the bail application by the concerned trial Court that petitioner has not produced any material to show that his wife was discharged from the hospital. The learned counsel for the petitioner made the submission that on 16.8.2017 itself, she was discharged from the hospital, which statement is not disputed by the prosecution before this Court. He has denied the allegations made in the complaint and states that there is a false implication of the petitioner and he is ready to abide by any of the reasonable conditions to be imposed by this Court. The alleged offences are triable by the Magistrate Court and are not exclusively punishable with death or imprisonment for life. At present, the condition of the complainant – wife of the petitioner, is safe and it is out of danger. Hence, by imposing reasonable conditions, the petitioner can be ordered to be released on bail.
8. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail for the offences punishable under Sections 498A and 328 of IPC, registered in Crime No.275/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one 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 has to appear before the concerned Court regularly.
Sd/-
JUDGE bk/