IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.2967/2017 BETWEEN:
RAVISHEKAR S/O NARASIMHAPPA AGED ABOUT 28 YEARS R/AT MUTHAKADAHALLI VILLAGE CHIKKABALLAPURA TALUK AND DISTRICT – 562 101 ... PETITIONER (BY SRI B.M.LOKESH, ADV.,) AND:
STATE OF KARNATAKA NANDHIGIRIDHAMA P.S. CHIKKABALLAPURA TALUK REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT, BENGALURU-560 001 ...RESPONDENT (BY SRI.CHETAN DESAI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.457/2015 OF CHIKKABALLAPURA RURAL POLICE STATION, CHIKKABALLAPURA AND S.C.NO.82/2016 PENDING ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA, FOR THE OFFENCE P/U/S 307 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 439 of Cr.P.C. seeking his release on bail for the offences punishable under Section 307 of IPC registered in respondent – police station Crime No.457/2015.
2. Brief facts of the prosecution case that wife of the petitioner is the complainant in this case wherein she has stated that on 29.06.2008 the petitioner married the complainant, same was registered in the Sub-registrar’s office Shidlaghatta. In the wedlock, the couple are having one female child by name Tanushree. It is also the averments made in the complaint that the petitioner was suspecting the fidelity of his wife and it is also stated that he advised his wife in that regard, but the wife continued the extra marital relationship with one Munikrishna and because of that reason he assaulted his wife and caused the injuries. On the basis of the complaint given by the wife, the case came to be registered for the offence punishable under Section 307 of IPC.
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. Looking to the complaint averments, no doubt the wife made the allegations against the petitioner that he assaulted her with an intention to commit her murder, but those allegations have been denied by the petitioner and he contended in the petition that he is innocent and not committed the alleged offence and he has also undertaken to abide by any conditions to be imposed by this Court. As submitted by both sides, now the investigation is completed and charge sheet is also filed. The injured has been discharged from the hospital immediately after the incident. Therefore, it shows that the life of the injured is safe and out of danger. The alleged offence under Section 307 of IPC is also not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that by imposing reasonable conditions, petitioner can be released on bail.
5. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail for the offence punishable under Section 307 of IPC registered in Crime No.457/2015, subject to the following conditions:
i. Petitioner shall execute a personal bond for Rs.50,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
Sd/- JUDGE BSR