IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 5200/2019 BETWEEN SHARANAMMA W/O NAGARAJAPPA AGE 32 YEARS, OCC: TEA SHOP R/O RAMALAYA ROAD JAGALUR TOWN – 577 528 JAGALUR TALUK, DAVANAGERE DISTRICT (BY R. SHASHIDHARA, ADVOCATE) AND STATE OF KARNATAKA BY JAGALUR POLICE STATION DAVANAGERE DISTRICT REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE – 560 001 (BY SRI. K. P. YOGANNA, HCGP) ... PETITIONER …. RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.88/2019 OF JAGALUR POLICE STATION, DAVANAGERE FOR THE OFFENCE P/U/S 323, 332, 353 AND 504 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The brief facts of the case are that, the petitioner/accused used take water from the premises of Range Forest Office without permission of the concerned authority. The complainant informed the same to his higher officers. In that context, the petitioner/accused developed ill-will against the complainant. Therefore, on 21.06.2019, between 4.00 and 4.30 p.m., when the complainant by name John Maxi Kyasthalino resident of Forest Quarters, Jagalur, who was working in the office of the Range Forest Officer, Jagalur as an Assistant, the petitioner/accused all of a sudden entered into his office, abused him and by holding his shirt color, she slapped on his left cheek and again when she tried to slap on his cheek, he resisted the blow, hence, the accused turned his left hand and thereafter, she slapped on his right cheek. At that time, the other staff working in the office have rescued the complainant from the clutches of the petitioner/accused and sent him to Government Hospital for treatment. Thereafter, the complainant lodged a complaint before the respondent- Jagalur Police Station. On the basis of the said complaint, the respondent-police have registered a case in Crime No. 88/2019 for the offence punishable under Sections 323, 332, 353, 504 of IPC.
3. Looking to the above said circumstances, I am of the opinion that, the aforesaid offences are not punishable with serious punishment. The petitioner is a Lady. Actually, as to what exactly transpired on the date of incident has to be established during the course of full-dressed trial. It is evident from the papers available on record that, no such serious injuries are occurred to the complainant. In the circumstances, the petitioner is entitled to be enlarged on bail, on certain conditions. Hence, the following order:-
ORDER The petition is allowed. Consequently, the petitioner/accused-Sharanamma shall be released on bail in the event of her arrest in connection with Crime No.88/2019 of respondent-Jagalur Police Station, subject to the following conditions:-
i) The petitioner shall surrender herself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and she shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and she shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Davangere District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Sd/-
KGR JUDGE