IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9633 OF 2018 BETWEEN:
Ravinaik @ Ravi Kumar D.M, S/o. Motyanaik, Aged about 28 years, Diploma Student, R/o Machihalli Tanda Village, Harapanahalli Taluk, Davanagere District-577 004. ...Petitioner (By Sri. G.J.Sunkapur, Adv.,) AND:
The State by Harapanahalli Police Station, Rept. by Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Smt. Namitha Mahesh.B.G, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.21/2018 (C.C.No.119/2018) of Harapanahalli Police Station, Davanagere for the offence p/u/s 504, 506, 323, 324, 307, 354A r/w Section 34 of IPC.
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 438 of Cr.P.C., praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.21/2018 of Harapanahalli Police Station for the offences punishable under Sections 504, 506, 323, 307, 354 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that on 25.01.2018 at about 12.00 noon, when the complainant was alone in her home, the petitioner-accused No.1 called the complainant for sexual favour. Complainant told the petitioner that she will tell the said act to her husband, at that time, the petitioner-accused No.1 assaulted her and threatened to kill her husband and after return of her husband the complainant explained the said act of the petitioner-accused. It is further alleged that on the same day at about 7.30 pm, the complainant along with her husband went to enquire the same to the petitioner-accused No.1, on the way, petitioner along with two others assaulted the complainant and her husband by using club tried to take away the life of the complainant. On the basis of the complainant, a case has been registered.
4. It is submission of learned counsel for the petitioner-accused No.1 that there were family disputes pending between the parties and as such, a false case has been registered. It is further submitted that already accused Nos.2 and 3 have been released on bail and on the ground of parity the petitioner-accused No.1 is also entitled to be released on bail. He further submitted that the injuries which the complainant and her husband has suffered are simple injuries and they are out of danger. Already charge sheet has been filed and It is the submission of the learned counsel for the petitioner that the alleged offences are not punishable with death or imprisonment for life and he is ready to abide by any of the terms and conditions imposed by this Court and to offer sureties. On these grounds, he prays to allow the petition and release the petitioner- accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner-accused No.1 has assaulted the complainant and her husband and caused the grievous injuries. There is a prima facie material as against the petitioner- accused No.1 for having involved in the said offence. The accused-petitioner has also tried to outrage the modesty of the complainant. If the accused-petitioner is enlarged on bail, he may abscond and he will not available for the trial. On these grounds she prayed to dismiss the Petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. On close reading of the complaint, it discloses that the accused-petitioner asked the complainant for sexual favour and when the complainant told that she will tell the same to her husband and when they went to make an enquiry, the petitioner along with two others have assaulted the complainant and her husband with club and caused the injuries. The records indicates that the complainant and her husband have received simple injuries and they have taken treatment at C.G.Hospital and then sent to S.S. Hospital and thereafter, they have been discharged and they are out of danger. The alleged offences are not punishable with death or imprisonment for life. It is submitted that already accused Nos.2 and 3 have been released on bail, on ground of parity the petitioner- accused No.1 is also entitled to be released on bail by imposing stringent conditions.
8. Taking into consideration, the above facts and circumstances of the case, petition is allowed and the petitioner-accused is ordered to be released on anticipatory bail in the event of his arrest in Crime No.21/2018 of Harapanahalli Police Station for the offence punishable under 504, 506, 323, 307, 354 read with Section 34 of IPC with following conditions:
1. Petitioner-accused 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 investigating officer.
2. He shall surrender before the investigating officer within fifteen days from today.
3. He shall not tamper with the prosecution evidence directly or indirectly.
4. He shall be regular in attending the trial.
5. He shall mark his attendance on the first date of every month between 10.00 a.m., to 5.00 p.m., till the trial is concluded.
6. He shall not leave the jurisdiction of the Court without prior permission.
sd/- JUDGE DS/RG