IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.447/2019 BETWEEN MR. SANDEEP D SHETTY S/O LATE DEVADAS SHETTY, AGED ABOUT 26 YEARS R/AT NO.740,11TH WARD, MARALUBAGILU, DEVANAHALLI-562 110 (BY SRI H. JAYANTH POOJARY AND SRI RAJESH SHETTIGAR, ADVOCATES) AND ... PETITIONER THE STATE OF KARNATAKA REPRESENTED BY SUB-INSPECTOR OF POLICE, CHIKKABALLAPUR TOWN POLICE STATION, CHIKKABALLAPUR-562 101 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BANGALORE ... RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.196/2018 OF CHICKBALLAPURA TOWN POLICE STATION, CHICKBALLAPURA FOR THE OFFENCE P/U/S. 307 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The present petition is filed by accused under Section 439 of Cr.P.C., to release him on bail in Crime No.196/2018 of Chickballapura Town Police Station for the offence punishable under Section 307 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 the complainant’s friend is having jewelry shop; on 17.11.2018 at 5.00 p.m., when the complainant has gone to the said shop, the accused/petitioner came on a motor cycle bearing No.KA-20/EL-9509 at 5.10 p.m., near oil shop of Devaraj and there was exchange of words, the accused all of a sudden stabbed him with knife and when Devaraj went inside the said jewelry shop the accused followed him and again stabbed on his neck, hands and abdomen and inflicted bleeding injuries and attempted to commit his murder. On the basis of the complaint a case has been registered.
4. It is the submission of the learned counsel for the petitioner that already charge-sheet has been filed and the victim who has suffered injuries has been discharged from the hospital. He further submitted that in the altercation the alleged incident has taken place and there was no intention of the petitioner to cause death of the injured. He further submitted that the entire material placed will not constitute the ingredients to made out a case under Section 307 of IPC. He further submits that the petitioner is ready to abide by any conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner has stabbed the injured with knife on his neck, hands and abdomen and thereby caused grievous injuries. She further submitted that the knife is recovered at the instance of the accused-petitioner. The petitioner has assaulted the injured with an intention to cause the death. She further submitted that the conduct of the petitioner itself clearly goes to show that he has followed the injured, thereafter assaulted him with knife. There was ample material to connect the petitioner with the case. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the parties and also perused the records, including the contents of the complaint.
7. As could be seen from the records the alleged incident has taken place on 17.11.2018 and the records also goes to show the fact that the injured has been shifted to ICU at Mallige Hospital, Bangalore and subsequently he has been discharged from the hospital. This fact clearly goes to show that the injured is out of danger. Already charge sheet has been filed and the alleged offences are not punishable with death or imprisonment for life. Under these facts and circumstances of the case, I feel that by imposing some stringent conditions if the petitioner is ordered to be released on bail, it would meet the ends of justice.
8. Accordingly, the petition is allowed and accused- petitioner herein is enlarged on bail in Crime No.196/2018 of Chickballapura Town Police Station for the offence punishable under Section 307 of IPC., subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall be regular in appearing before the trial Court as and when he is ordered to do so.
iii) He shall mark his attendance before the Investigating Officer once in every month on every first day of the month between 10.00 a.m. and 5.00 p.m., till the trial is concluded.
iv) He shall not tamper with the prosecution evidence directly or indirectly and he shall not threaten the complainant in any manner.
v) He shall not leave the jurisdiction of the trial Court without prior permission.
vi) In the event of tampering of the prosecution evidence by the accused, the prosecution is at liberty to move for cancellation of the bail.
Sd/- JUDGE Sbs*