1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K. S. MUDAGAL Criminal Petition No.7946/2018 Between:
SHIVAKUMAR S/O LATE SWAMY @ KEMPEGOWDA AGED ABOUT 36 YEARS R/O CHOTTANAHALLI VILLAGE B G PURA HOBLI, MALAVALLI TALUK MANDYA DISTRICT-571 430 (BY SRI. D. S. HOSMATH, ADV.) And THE STATE OF KARNATAKA BY MALAVALLI RURAL POLICE STATION MALAVALLI TALUK MANDYA DISTRICT-571 430 REP. BY SPP, HIGH COURT OF KARNATAKA BENGALURU-560 001 (BY SRI. K. P. YOGANNA, HCGP) ... PETITIONER ... RESPONDENT THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.267/2018 OF MALAVALLI RURAL P.S., MANDYA DISTRICT FOR THE OFFENCE P/U/S 307,324,114 R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
2 O R D E R Petitioner is accused No.1 in Crime No.267/2018 of Malavalli Rural Police Station. The said case is registered against the petitioner and three others for the offences punishable under Sections 307, 324, 114 r/w 34 of IPC on the basis of the complaint of one Smt.
Shilpa N. S., W/o. Kemparaju.
2. It is alleged that on 02.09.2018 at 9 p.m. due to some previous ill-will the petitioner abused the complainant’s family members in foul language and assaulted complainant’s husband and brother-in-law with chopper and attempted to commit their murder.
3. Accused Nos.2 and 3 are the parents of the petitioner and accused No.4 is the wife of the petitioner. It is alleged that they abetted the petitioner to assault complainant’s husband and brother-in-law. It is further alleged that accused No.2 also assaulted complainant’s husband.
3 4. The case diary records and the IO's report indicate that regarding the same incident the 2nd accused ie., the father of the petitioner also filed a complaint on 03.09.2018 at 3 p.m. and he surrendered before the police voluntarily. The complaint in the present case is filed on 03.09.2018 at 7.15 a.m. In the complaint of the 2nd accused it is alleged that the complainant’s party were the aggressors. Thus these are case and counter cases. Who were the aggressors has to be decided on trial.
5. Accused No.2 in his complaint has stated that he had also suffered injuries in the incident. Now both the injured have been discharged. As per the discharge summaries, the assailants were two in number.
6. The other contention of the prosecution is that petitioner is required to recover the weapon of offence. The learned counsel for the petitioner submits 4 that petitioner is ready to cooperate for the interrogation and investigation.
7. Having regard to these facts and circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
8. Petitioner is granted bail in Crime No.267/2018 of Malavalli Rural Police Station subject to the following conditions:
a) He shall appear before the Investigating Officer within ten days from the date of receipt of copy of the order:
b) He shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Court for his appearance;
c) He shall appear before the Court as and when required for the purpose of Investigation/enquiry/trial;
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e) He shall not visit the scene of offence till the completion of investigation.
Sd/- Judge RD