IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7315/2017 BETWEEN:
Rajappa S/o Chikkappa Aged 40 years Agriculturist R/o Nagaiahnahatty Village Hosadurga Taluk Chitradurga District-577 501. ... PETITIONER (By Sri Shashidhara R, Adv.) AND:
State by Hosadurga Police Station Hosadurga Town Chitradurga District-577 527 Represented by the State Public Prosecutor High Court Building Bangalore-560 001. ...RESPONDENT (By Sri K Nageshwarappa, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.274/2017 of Hosadurga P.S., Chitradurga, for the offences P/U/Ss 307, 324, 354, 506 read with Section 34 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 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 307, 324, 354 and 506 r/w Section 34 of IPC registered in respondent police station Crime No.274/2017.
2. The case of the prosecution as per the complaint averments are, on 23.6.2017 at about 11.30 a.m. when the complainant was washing her clothes in front of her house, petitioner came and dragged the complainant inside the house, at that time, her mother came to her rescue. Even then the petitioner assaulted the complainant with chopper and at that time, one Kanthappa came to the house and assaulted the mother of the complainant with stick. One Govindappa and Rama came to the spot and rescued the complainant and her mother. On the basis of the said complaint, case was registered for the above said offences.
3. Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned High Court Government Pleader appearing for the respondent-State.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record, so also, the order of the learned Sessions Judge rejecting the bail application of the petitioner.
5. Though the alleged offence is under Section 307 of IPC, as per the injury certificate, the injuries sustained are simple in nature and the injured is already discharged from the hospital.
6. Petitioner has contended that when the wife of the petitioner went to the house of the complainant to ask money in connection with chit business, the complainant created scene and falsely implicated the petitioner in the case. Petitioner has undertaken to abide by any reasonable conditions to be imposed by this Court. The alleged offences are also not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that petitioner can be granted with anticipatory bail.
7. Accordingly, petition is allowed. The respondent-police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 307, 324, 354 and 506 r/w Section 34 of IPC registered in respondent police station Crime No.274/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for Rs.50,000/- and shall furnish one solvent surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation as and when called for and to co-operate with the further investigation.
iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE bkp