IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION NO.2134 OF 2019 BETWEEN:
1. SMT. PRATHIBHA D/O. T.S. RAMACHANDRA GOWDA, AGED ABOUT 33 YEARS, RESIDING AT 2ND MAIN, 5TH WARD, KANAKANAPALYA, BEHIND RAJAPAMATTE, KOLAR.
2. SRI K.R. SOMASHEKAR S/O. S.T. RAMACHANDRA GOWDA, AGED ABOUT 35 YEARS, RESIDING AT 2ND MAIN, 5TH WARD, KANAKANAPALYA, BEHIND RAJAPAMATTE, KOLAR.
3. SRI R. BALAJI S/O. H. RAME GOWDA, AGED ABOUT 49 YEARS, ALERI VILLAGE, MATTANAHALLI POST, KOLAR (TALUK).
4. SRI T.S. RAMACHANDRA GOWDA S/O. LATE SONNE GOWDA, AGED ABOUT 63 YEARS, RESIDING AT 2ND MAIN, 5TH WARD, KANAKANAPALYA, BEHIND RAJAPAMATTE, KOLAR.
5. RAHUL B.
S/O. BALAJI R., AGED ABOUT 21 YEARS, ALERI VILLAGE, MATTANAHALLI POST, KOLAR (TALUK).
(BY SRI VEERANNA G. TIGADI, ADV.) ... PETITIONERS AND:
STATE OF KARNATAKA REPRESENTED BY INSPECTOR OF POLICE, WILSON GARDEN POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU.
(BY SRI K.P. YOGANNA, H.C.G.P.) * * * ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.144 OF 2018 REGISTERED BY WILSON GARDEN POLICE STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 506, 341, 323, 324 AND 325 READ WITH SECTION 34 OF THE I.P.C.
THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed by the petitioners/accused Nos.1 to 5 under Section 438 of the Code of Criminal Procedure seeking direction to the respondent-Police to release them on bail in the event of their arrest for the offences punishable under Sections 506, 341, 324, 323 and 325 read with Section 34 of the Indian Penal Code, 1860 (for short, ‘the I.P.C.’) registered by the respondent- Police Station in Crime No.144 of 2018 on the complaint filed by one Praveen S. on 14-8-2018.
2. Heard the arguments of the learned counsel for the petitioners/accused Nos.1 to 5 and also the learned High Court Government Pleader for the respondent-State.
3. It is alleged that the complainant married to petitioner No.1 and out of the wedlock, they have a son and a daughter. There was family dispute between the complainant and petitioner No.1. On 14-8-2018, they had gone to Family Court to attend the case, at that time, the petitioners-accused said to have called the complainant under the guise of settlement, assaulted him and caused injuries to the complainant. On the basis of complaint, a case has been registered for the above said offences.
4. Learned High Court Government Pleader objected for bail on the ground that injury No.2 sustained by the complainant is grievous in nature.
5. Upon hearing the arguments, except offence punishable under Section 324 of the I.P.C, the other offences are bailable in nature. Though injury No.2 is grievous in nature, but it was just by kicking and they have not used any deadly weapon. The offences are triable by the Magistrate and the same is not punishable with death or imprisonment for life. Therefore, considering the facts and circumstances of the case, the petition deserves to be allowed. Accordingly, the petition under Section 438 of the Code of Criminal Procedure is allowed.
6. The respondent – Police are directed to release the petitioners/accused Nos.1 to 5 on bail in the event of their arrest for the offences punishable under Sections 506, 341, 324, 323 and 325 read with Section 34 of the I.P.C., registered by the respondent – Police Station in Crime No.144 of 2018, subject to the following conditions:
(i) Petitioners shall execute a personal bond for a sum of Rs.20,000/- (Rupees twenty thousand only) each with a solvent surety for the likesum to the satisfaction of the Investigating Officer or the concerned trial Court;
(ii) Petitioners shall not directly or indirectly tamper with any of the prosecution witnesses;
(iii) Petitioners shall make themselves available to the Investigating Officer for interrogation whenever called for; and (iv) Petitioners shall appear before the concerned Court within fifteen days from the date of their arrest by the Investigating Officer and to move regular bail.
In view of the disposal of the main petition, I.A. No.1 of 2019 does not survive for consideration. Accordingly, I.A. No.1 of 2019 is dismissed.
SD/-
JUDGE kvk