IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.1007/2019 BETWEEN :
Punith Shetty S/o M. Padmanabha Shetty Aged about 32 years R/at No.9-158/2, Sri Durgamba Kripa Kuntalpady, Padavu Village Shakthinagar, Mangaluru, D.K. District-574 217.
(By Sri Nishit Kumar Shetty, Advocate) AND :
State of Karnataka by SHO, Barke Police Station Represented by State Public Prosecutor High Court Building Bengaluru-560 001 (By Sri M.Divakar Maddur, HCGP) … Petitioner … Respondent 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.2/2019 of Barke Police Station, Mangaluru City, for the offences punishable under Sections 143, 147, 148, 324, 504, 506, 307 r/w. Section 149 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 No.1 under Section 438 of Cr.P.C. praying to release him on anticipatory bail in Crime No.2/2019 of Barke Police Station for the offences punishable under Sections 143, 147, 148, 324, 504, 506, 307 r/w. Section 149 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. It is the submission of the learned counsel for the petitioner that the petitioner has registered a case in Crime No.196/2018 against the cousin of the complainant and as a counter blast the present complaint has been filed. He further submitted that already remaining accused persons have been released on bail and hence the petitioner is also entitled to be released on bail on the ground of parity. He further submitted that the injured has sustained simple injuries and he has been discharged from the hospital and out of danger. He further submitted that the petitioner is ready to abide by any conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition.
4. Per contra, the learned HCGP vehemently argued and submitted that petitioner with an intention to kill the injured slammed the revolver on his head and stomach, as a result of the same, the injured has sustained injuries and immediately he was taken to the hospital. The petitioner is involved in the crime and is absconding from the date of registration of the case and there are eye witnesses to the alleged incident and the accused persons have also assaulted the other persons. There is prima facie material to show that the petitioner-accused No.1 has been involved in the alleged crime. On these grounds, he prayed to dismiss the petition.
5. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
6. It is alleged in the complaint that on 5.1.2019 when the complainant had gone to the restaurant along with his friends at about 12.00 in the midnight, accused No.1 abused him in filthy language, caught hold of the neck of the injured and by taking revolver with an intention to kill him slammed the revolver on his head and stomach. That is a matter which has to be considered and appreciated only at the time of trial. The injured has suffered simple injuries and already discharged from the hospital and he is also out of danger. Even it is submitted by the learned counsel for the petitioner that already remaining accused persons have been released on bail and on the ground of parity, the petitioner is also entitled to be released on bail.
Accordingly, the petition is allowed and the petitioner-accused No.1 is granted anticipatory bail. In the event of his arrest in Crime No.2/2019 of Barke Police Station for the offences punishable under Sections 143, 147, 148, 324, 504, 506, 307 r/w. Section 149 of IPC, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakh only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within fifteen days from today.
iii) He shall not tamper with the prosecution evidence in any manner.
iv) He shall mark his attendance before the jurisdictional police once in fifteen days between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
v) He shall not leave the jurisdiction of the trial Court without prior permission..
In view of the disposal of the petition, I.A.No.1/2019 is also disposed of.
Sd/- JUDGE *ck/-