IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.1546 OF 2019 BETWEEN:
RAMSINGH @ SUMER SINGH @HOMISING @ HOMI, S/O LATE ATTHAR SINGH @ SHYAMILAL, AGED ABOUT 35 YEARS, R/AT BADAKHANAPURA @ KALAKHANPUR, HIYAPUR PANCHAYATHI KAIRANA TALUK, SHYMLI DISTRICT, UTTAR PRADESH STATE – 247 773.
(BY SRI. M.LOKESH BABU, ADV., FOR SRI.V.NAGARAJA, ADV.,) AND:
THE STATE OF KARNATAKA, BY SOLADEVANAHALLI POLICE, BANGALORE.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU – 560 001.
(BY SRI.K.P.YOGANNA, HCGP) ... PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.98/2018 (S.C.NO.288/2018) REGISTERED BY SOLADEVANAHALLI POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 332 AND 307 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard learned counsel for the petitioner, learned High Court Government Pleader for the respondent – State and perused the records.
2. That, on the report lodged by one Sri.Biradara, Police Constable, a case has been registered against the petitioner in Crime No.98/2018 for the offences punishable under Sections 307, 332 r/w Section 34 of IPC.
3. Facts of the case disclosed from the FIR are that; the said Biradar and other police personnel were deputed for the purpose of tracing the accused persons in the old cases. In search of the accused persons, while they were proceeding on 10.04.2018 in the evening at about 1.15 pm., they found a Pulsar bike near Somashetty Halli Panchayat, on which the accused persons were proceeding. Suspecting them as accused persons in some old cases, police personnel tried to apprehend them. In that context, it is said that petitioners who were riding the motor cycle tried to over-ride the motor cycle on Police Constable and tried to assault them with knife on neck of the said Police Constable. Thereafter, they fled away from the spot with the motor cycle.
4. The above said allegation clearly discloses that the complainant has not sustained any injury. Further, in order to prove Section 307 IPC, the prosecution has to place sufficient material before the trial Court. Further added to that, the petitioner was arrested on 11.04.2018 itself and since then he has been in judicial custody. There is no material placed before the Court to show that he was involved in other cases also. The trial Court also has not mentioned the existence of other cases against this petitioner.
5. Therefore, under the above said circumstances, the incarceration of the accused in jail from 11.04.2018 and absolutely there is no injury occurred to the complainant, in my opinion, petitioner is entitled to be enlarged on bail. Hence, the following;
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.98/2018 registered by Soladevanahalli Police Station, Bengaluru, for the offences under Sections 307, 332 r/w Section 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of `1,00,000/- (Rs. One lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering 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.
Sd/-
JUDGE GH