IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8821 OF 2018 BETWEEN:
Shekara @ K Somashekhara S/o K Kalaiah Aged 46 years R/at Athur Village Guddehosuru Post Kushalanagar Hobli Somavarpete Taluk Kodagu District-571 234. …Petitioner (By Sri. Shivaprasad Y S, Advocate) AND:
State of Karnataka by Kushalanagara Rural P.S. Represented by SPP High Court Building Bengaluru-560 001. ...Respondent (By Sri. K P Yoganna, HCGP) 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 Cr.No.157/2018 of Kushalanagar Rural Police Station, Kodagu for the offence P/U/S 341, 307 read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is accused No.1 in Crime No.157/2018 of Kushalnagar Rural Police Station. The said case is registered against the petitioner and two others for the offences punishable under Sections 341, 307 read with Section 34 of IPC., on the basis of the complaint of one Sathisha.J.
2. It is alleged that the victim Girisha had an affair with the daughter of accused No.3. Accused No.2 is the son of accused No.3. In that background, on 21.9.2018 at 3.45 p.m. the accused assaulted Girisha near Harangi, Hungunda village and attempted to commit his murder. The petitioner allegedly assaulted the victim with a sickle on his neck, head and hands and caused him injuries.
3. The Sessions Court has granted anticipatory bail to accused Nos.2 and 3. The victim was treated in K.R. Hospital, Mysore, from 21.9.2018 to 27.9.2018 as inpatient. He is discharged from the hospital. As per the wound certificate the injuries suffered by the victim are simple in nature and he has recovered from the injuries.
4. The alleged ill-will was between the accused Nos.2 and 3 on one hand and Girisha on the other hand. The major portion of the investigation is already completed. In the circumstances, this is a fit case to grant anticipatory bail with suitable conditions.
5. The petition is allowed. Petitioner is granted anticipatory bail in Crime No.157/2018 of Kushalanagar Rural Police Station, Kodagu District, subject to following conditions:
i)He shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order;
ii)He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate/Court for his appearance.
iii)He shall appear before Investigating Officer/Magistrate/Court as and when required for the purpose of investigation/trial;
iv)He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE *alb/-.