IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.184/2019 BETWEEN:
Prashanth G., S/o T.S. Gangadaraiah Aged about 22 years R/at No.7, 1st Main, 2nd Cross, Hanumanthapuram, Srirampuram, Bengaluru North Bengaluru-560 021.
(By Sri K.N. Narayanaswamy, Advocate) AND:
The State of Karnataka ...Petitioner Represented by the Station House Officer Srirampura Police Station Bengaluru-01 ...Respondent (By Sri M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.245/2018 of Srirampura Police Station, Bengaluru City, for the offences punishable under Sections 341, 323, 307 and 504 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 This petition has been filed by the petitioner/accused No.2 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.245/2018 of Srirampura Police Station for the offences punishable under Sections 341, 504, 307, 323 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. Gist of the complaint is that on 09.12.2018 at about 2.30 p.m., the accused persons started quarreling for the reason that the injured and other persons standing near the cross and were teasing the girls, who come from the school. In the said quarrel, accused No.1, abused with filthy language and by taking a knife pierced into the complainant buttock. At that time, accused No.2 also assaulted with hands and other accused persons were also assaulted with hands. When the other persons came to rescue the injured, the accused persons escaped from the spot. The injured was taken to Hospital and got him treatment. On the basis of the complaint, a case came to be registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner/accused No.2 is innocent and he has not committed any offence. It is further submitted that the alleged offences are not punishable with death or imprisonment for life and there are no overt-acts and bad antecedents. The petitioner is ready to 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.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.2 along with other accused persons have committed a serious offence which is punishable with imprisonment for 10 years and there was an intention to cause the death of the complainant. It is further submitted that the accused petitioner is absconding since from the date of registration of the case and was not available for investigation or interrogation. Further it is submitted that if he is released on bail, he may not face the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. On close reading of the contents of the complaint and other materials, it indicates that alleged incident took place as the accused persons were teasing the girls. At that time, accused No.1 took the knife and caused the stab injuries on the right side of the buttock of the complainant. Even the medical records of Bangalore Medical College, Victoria Hospital Campus, Bengaluru indicates the fact that the injured was admitted in the hospital on 09.12.2018 and got discharged on 11.12.2018 and the complainant has sustained only stab injury on the right side of the buttock. The said injury is not fatal. Already the inured is discharged and is out of danger. The alleged offences are not punishable with death or imprisonment for life. Under the said facts and circumstance, I feel that by imposing some stringent conditions, if the petitioner/accused No.2 is ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of discussions held by me above, petition is allowed and the petitioner/accused No.2 is enlarged on anticipatory bail in the event of his arrest in Crime No.245/2018 of Srirampura Police Station, Bengaluru City, for the offences punishable under Sections 341, 323, 307 and 504 r/w Section 34 of Indian Penal Code subject to the following conditions:
1. Petitioner/accused No.2 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 Investigating Officer.
2. He shall surrender before the Investigation Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission.
5. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the charge sheet is filed.
6. He must be available for investigation or interrogation.
Sd/- JUDGE VBS