IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE K.NATARAJAN CRIMINAL PETITION NO.2374/2019 BETWEEN:
SAMI S/O ABDULLA KHALID AGED ABOUT 24 YEARS R/AT NO.144, 2ND CROSS KAMMANAHALLI BENGALURU-560 084 PERMANENT RESIDENT OF TAIZ ROAD, TAZI YEMAN (NOW IN JUDICIAL CUSTODY) (BY SRI.JAGADEESHMURTHY K.M., ADV.) AND:
THE STATE OF KARNATAKA BANASAWADI POLICE STATION ... PETITIONER REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01.
... RESPONDENT (BY SRI. I.S.PROMOD CHANDRA, SPP-II) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.58/2019 REGISTERED BY BANASWADI POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 307 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioner/accused No.1 under Section 439 of the Cr.P.C, to release him on bail in Cr.No.58/2019 for the offence punishable under Section 307 of IPC.
2. It is alleged that on 08/02/2019 at about 4.00 p.m, when the complainant along with petitioner/accused were preparing chicken barbiks, petitioner/accused teased the complainant. At that time, the petitioner took metal stick and stabbed on the stomach of the complainant and caused bleeding injuries with an intention to kill him. Immediately, complainant was shifted to hospital for treatment. Thereafter, a case came to be registered against the petitioner and others for the said offence.
Petitioner was arrested on 03/02/2019 and since then he is in custody.
3. Petitioner’s counsel contended that the petitioner is innocent and that complainant and petitioner are friends. They came from Republic of Yemen. Petitioner/accused is handicapped person and he came for treatment purpose. There is no intention to kill the complainant. Investigation has already been completed. His passport is also seized by the police. Petitioner is ready to abide by the conditions which may be imposed by the Court. Therefore, he prayed to allow the petition.
4. Learned SPP –II prays for rejection of the bail petition.
5. On hearing the arguments and on perusal of the wound certificate, it is seen that the injuries sustained are punctured wound 1cmx 1cm over front of left chest with haemopheumo, another punctured wound 1cm x 1cm over left hip. Injury No.1 is grievous and Injury No.2 is simple.
The investigation is already completed. The weapon has already been seized and charge sheet is also filed. Petitioner is no more required for investigation except for trial. His passport has also been seized. Therefore, I am of the view that the petitioner is not fleeing from justice. Without expressing any opinion on the merits of the case, this is a fit case to exercise jurisdiction under Section 439 of Cr.P.C.
6. Accordingly, the petition is allowed. The petitioner-accused is ordered to be released on bail in Crime No.58/2019 of Banasawadi police station for the offence punishable under Section 307 of IPC, subject to the following conditions:-
(i) Petitioner-accused shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the trial Court/Committal Court;
(ii) Petitioner shall not indulge in similar offence strictly;
(iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly;
(iv) Petitioner shall not leave the jurisdiction without prior permission of the trial Court.
(v) Petitioner shall mark his attendance before the Investigating Officer once in 15 days i.e. every 2nd and 16th in a month between 10.00 a.m. and 5.00 p.m. tll the completion of trial.
(vi) If the petitioner violates any conditions, the prosecution is at liberty to move for cancellation of bail.
SD/- JUDGE Msu