IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.1582/2019 BETWEEN:
Raghavendra Shashtri @ K.S.Raghu S/o late Sri Kanteshwara Aged about 35 years Resident of C/o Bhagya Lakshmi House Kumar Swamy Layout 2nd Stage, Water Tank Road Bengaluru-560 071.
(By Sri N.Bhargav, Advocate) AND:
The State of Karnataka through Rajarajeshwari Nagar Police Station Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
…Petitioner …Respondent (By Sri M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.290/2018 (C.C.No.1483/2019) of Rajarajeshwari Nagar Police Station, Bengaluru, for the offences punishable under Sections 307 and 316 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 has been filed by the petitioner/ accused No.1 under Section 439 of Cr.P.C. to release him on bail in Crime No.290/2018 (C.C.No.1483/2019) of Rajarajeshwari Nagar Police Station for the offences punishable under Sections 307 and 316 of Indian Penal Code.
It is submitted by the learned counsel for the petitioner that mother is suffering from kidney problem and he is only the son to look after her. Hence, this case is taken out of turn.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The case of the prosecution in brief is that on 16.10.2018 at about 7.30 p.m. the petitioner/accused came to the police station and surrendered and stated that he had extra marital relationship with a lady by name Shirisha and because of financial transaction with said Shirisha she was pressuring him to return the amount borrowed by him and has refused to continue extra marital relationship with him. Hence, with an intention to commit murder of Shirisha, he had purchased a knife, consumed alcohol and called her near Armugam temple, when she refused to continue extra marital relationship with him, he stabbed with an intention to cause the death. Immediately, she was taken to the hospital and on the basis of the voluntary statement, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner/accused and the injured were having extra marital relationship and because of the said altercation the alleged incident has taken place. The conduct of the petitioner/accused also clearly goes to show that he himself has surrendered before the police after the incident. Already charge sheet has been filed. The injured has already been discharged from the hospital and she is out of danger. The alleged offences are not punishable with death or imprisonment for life. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused has stabbed and caused incised wound and because of the injury, the single live fetus has breathed lost and even the medical report clearly goes to show that the said fetus has been removed on 26.10.2018. He further submitted that the petitioner/accused is involved in a serious offence and if he is released on bail, he may tamper with the prosecution evidence, he may abscond and may not be available for 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 the parties and perused the records.
7. On close reading of the contents of the complaint it clearly goes to show that there was extra marital relationship between the injured and the petitioner/accused and there was some financial transactions also and the victim was pressuring him to return the amount and she was not continued the extra marital relationship. In that altercation the petitioner/accused has stabbed and now the injured has been discharged from the hospital and she is out of danger. The alleged offences are not punishable with death or imprisonment for life. Even the act of the petitioner/accused clearly goes to show that he was not having any intention to cause the death.
Be that as it may. During the course of argument the learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused has caused incised wound by stabbing and at that time the injured was pregnant and live fetus died because of the said injury. That is the matter which has to be considered and appreciated only at the time of trial. Even the records clearly goes to show that no case has been registered under Section 302 of IPC. Under the said facts and circumstances, I feel that, by imposing some stringent conditions, if the petitioner/accused is ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.1 is ordered to be released on bail in Crime No.290/2018 (C.C.No.1483/2019) of Rajarajeshwari Nagar police station for the offences punishable under Sections 307 and 316 of Indian Penal Code, subject to the following conditions:
i) The petitioner 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 trial Court.
ii) He shall not tamper with the prosecution evidence directly or indirectly.
iii) He shall not leave the jurisdiction of the Court without prior permission.
iv) He shall not indulge in similar type of criminal activities.
v) He shall be regular in attending the trial.
*AP/-
Sd/- JUDGE