IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7361 OF 2019 BETWEEN :
ROSHAN JACOB OOMMEN, S/O. DR. BABU OOMMEN THIMAS, AGED ABOUT 33 YEARS, RESIDENT OF EAGLE NEST ESTATE, POKALTHODE, HUDIKERI HOBLI, SRIMANGALA NAD, BELLUR, HYSDOR, VIRAJPET TALUK, KODAGU DISTRICT-571 249.
(BY SRI: NITIN R., ADV.,) AND :
STATE OF KARNATAKA, BY PONNAMPET P.S., REPRESENTED BY STATE P.P., HIGH COURT BUILDING, BENGALURU-560 001.
... PETITIONER ... RESPONDENT (BY SRI: HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.18/2019 OF PONNAMPET POLICE STATION KODAGU FOR THE OFFENCE P/U/S 323, 341, 504, 307 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel appearing for the petitioner and the learned HCGP for the respondent – State. Perused the records.
2. The petitioner is the sole accused in Crime No.18/2019 for the offence punishable under Sections 341, 323, 504, 307 of IPC.
3. The allegations are that on 13.02.2019 at about 7.00 p.m., the complainant V.P. Pakkar and Sajona Jharaj who are working as Estate Writer and Manager respectively in Abraham’s coffee estate were proceeding to meet their owner after having tea in Kamali’s hotel and when they reached near Indian oil petrol bunk in Ponnampet at about 7.15 p.m., it is alleged that the petitioner came from behind and started quarrelling with the complainant and the Manager. When the complainant questioned the accused as to why he is abusing the Manager, the accused took out a knife and stabbed on the lower part of the stomach of the Manager and caused injury.
4. Earlier, the petitioner has approached this Court for grant of anticipatory bail in Crl.P. No.3009/2019 which came to be rejected on 28.08.2019 on the ground that the custodial investigation is necessary. In pursuance of the same, it appears that the accused has suffered himself and the Investigating Officer has recovered incriminating article at the instance of the accused. The Medical report also shows that the injured has suffered haemoperitoneum with bowel injury with mesenteric tear following penetrating injury abdomen secondary to stab.
5. The learned HCGP submitted that the injured has suffered fracture of tibia. Looking to the above said facts and circumstances and nature of injuries sustained and the injured has already been discharged from the hospital, the intention of the accused that he wanted to kill the injured so as to attract Section 307 of Cr.P.C. has to be established.
6. Under the above said facts and circumstances at this stage, the petitioner is entitled to be enlarged on bail. Hence, I pass the following:
O R D E R The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.18/2019 of Ponnampet Police Station for the offence punishable under Sections 341, 323, 504, 307 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 Two sureties 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 the 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.
(v) The petitioner shall mark his attendance once in fifteen days on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE Snc