IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K. N. PHANEENDRA CRIMINAL PETITION No.1983/2019 BETWEEN:
Raju D.K., S/o Karigowda, Aged about 26 years, R/at Doddighatta Village, Melukote Hobli, Pandavapura Taluk, Mandya District – 571 402. ... Petitioner (By Sri M. Sharass Chandra, Advocate) AND:
State of Karnataka, By Melukote P.S,, Mandya District (Rep. by SPP, High Court of Karnataka, Bangalore – 560 001). ... Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Criminal Procedure Code, praying to enlarge the petitioner on bail in Crime No.148/2018 (C.C. No.95/2019) of Melukote P.S., Mandya District for the offences p/u/s 341, 323, 504, 302 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner, learned HCGP for the respondent-State and perused the records.
2. The respondent police have laid a charge sheet in C.C.No.95/2019 for the offences punishable under Sections 341, 323, 504 and 302 of IPC.
3. The brief facts of the case are that on 22.10.2018, at the auto stand in Jakkanahally village, the accused (petitioner herein) has intercepted one Ramegowda and demanded Rs.10,000/- which was given to him earlier. The above said Ramegowda said that he had no money with him at that point of time. Therefore, it is alleged that the accused has abused him in filthy language on that day. Again on 22.10.2018 at about 10.00 p.m., in the night the accused had been to a place called Doddigatta village to the house of Ramegowda and started quarrelling with Ramegowda. At that time, CW1- father of the deceased came across to rescue the deceased. At that time, the accused also assaulted CW.1 with his hands on his back. In that context, it is alleged that he pushed Ramegowda and due to which he sustained injuries to the hind portion of his head and he was admitted to the hospital. There are eyewitness to the incident viz., CW’s.1 to 4.
4. On perusal of nature of allegations and looking into the facts and circumstances of the case, it is only a push given by the accused due to which Ramegowda fell down and sustained injury. Whether there was intention on the part of accused to kill Ramegowda or not has to be established during the course of full dressed trial. Whether the acts of the accused falls within the ambit of Section 300 or 301 IPC will have to be examined during the course of trial. Under the above said circumstances, considering the nature of allegations and the conduct of the petitioner-accused, I am of the opinion that petitioner is entitled to be enlarged on bail subject to stringent conditions.
6. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.148/2018 of Melukote Police Station, Mandya now pending on the file of Civil Judge (Jr.Dn.) & JMFC., Pandavapura in C.C.No.95/2019 for the offences punishable under Sections 341, 323, 504 and 302 of IPC subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against him is disposed of.
Np/-
Sd/- JUDGE