IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.199/2019 BETWEEN :
Sampath S/o late Karigowda Aged about 44 years R/o Aduvalli, Hassan City Hassan-573 201.
(By Sri Girish B. Baladare, Advocate) AND :
State by Extension P.S. Hassan.
Represented by Public Prosecutor High Court Building Bangalore-560 001.
(By Sri K.P. Yoganna, HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.368/2018 of Hassan Extension Police Station, Hassan for the offence punishable under Section 307 r/w Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.3 under Section 438 of Cr.P.C. praying to grant him anticipatory bail in Crime No.368/2018 of Hassan Extension Police Station for the offence punishable under Section 307 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that on 13.12.2018 at about 5.30 p.m. accused persons came near the house of the complainant and enquired about her husband and subsequently when she made a phone call to her husband, he was behind the BSNL Office. At that time there was some conversation in the phone and thereafter the said phone call cut off and thereafter her husband telephoned to her stating that Raghu and Ajju attacked him with deadly weapons and caused bleeding injuries. Sampath assaulted him with hands and picked up the quarrel. Immediately she took the injured to the hospital and got him admitted. On the basis of the complaint, a case has been registered against the accused persons.
4. It is submitted by the learned counsel for the petitioner that the presence of the petitioner itself is doubtful. There are no overt acts alleged as against the petitioner. It is accused Nos.1 and 2 who have attacked the injured with chopper and knife and caused bleeding injuries. The only allegation as against the petitioner herein is that he has assaulted the injured with hands and made galata. The alleged offences are not punishable with death or imprisonment for life. The injured has been discharged on 25.12.2018 and he is out of danger. He further submitted that the petitioner is ready to abide by any conditions to be imposed by this Court and to offer sureties. On these grounds, he prayed to allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that there are eye witnesses to the alleged incident and the injured has also specifically stated that accused Nos.1 and 2 assaulted him with chopper and at that time the petitioner-accused No.3 was present and he actively participated in the alleged incident. The injuries sustained by the injured are grievous in nature and there are prima facie allegations as against the petitioner. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and I have also perused the records.
7. The contents of the complaint clearly go to show that accused Nos.1 and 2 assaulted the injured with chopper and knife and at that time petitioner picked up quarrel and assaulted him with hands. There are no serious overt acts as against the petitioner-accused No.3. Be that as it may, as already the injured who got admitted in hospital on 13.12.2018 has been discharged on 25.12.2018 and he is out of danger. The alleged offences are not punishable with death or imprisonment for life. Under the facts and circumstances of case, I feel that by imposing some stringent conditions if the accused is granted anticipatory bail, it would meet the ends of justice.
Accordingly, the petition is allowed and accused No.3-petitioner herein is granted anticipatory bail. In the event of his arrest in Crime No.368/2018 of Hassan Extension Police Station, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like sum to the satisfaction of the Investigating Agency.
ii) He shall surrender before the Investigating Agency within fifteen days from the date of receipt of a certified copy of this order.
iii) He shall co-operate with the Investigating Agency as and when required.
iv) He shall not tamper with the prosecution witnesses directly or indirectly.
v) He shall mark his attendance once in fifteen days before the Investigating Agency in between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
Sd/- JUDGE *ck/-