IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRIMINAL PETITION NO.7668/2019 Between Shivegowda S/o Yalakkigowda, Aged about 65 years, R/at Halladakallahalli Village, Bilikere Hobli, Hunsur Taluk, Mysuru District – 577 456. (By Sri. B.Lethif, Advocate) And The State of Karnataka, Through Station House Officer, By Bilikere Police Station, Mysuru District, Rep. by SPP, High Court Building, Bengaluru – 560001.
(By Sri.Honnappa, HCGP) ... Petitioner ... Respondent This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.219/2019 of Bilikere Police Station, Mysuru District for the offence punishable under Sections 504, 341, 307, 324 and 323 read with 34 of IPC and etc.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard learned counsel for the petitioner and the learned HCGP for the respondent – State. Perused the records.
2. The petitioner is arraigned as accused No.2 in Crime No.219/2019 of Bilikere Police Station, Mysuru District on the file of the Additional Civil Judge (Jr. Dvn.) and JMFC Court, Hunsur, Mysuru District for the offence punishable under Sections 504, 341, 307, 324 and 323 read with 34 of Indian Penal Code.
3. The brief facts of the case are that;
The petitioner and his family members as well as the complainant by name Venkateshgowda are all residents of Halladakallahalli Village, Hunsur Taluk. Accused No.1 is none other than the son of the petitioner and accused No.3 is the wife of the petitioner. It is stated that in respect of some family disputes, the family of the accused as well as complainant were not in talking terms since five to six years. Wife of accused No.1 had been to her paternal house and accused No.1 suspecting the complainant is the root cause for the wife of the accused No.1 leaving his conjugal company. In this background, it is alleged that on 10.10.2019 at about 5.00 clock in the evening, the accused persons went near the house of the complainant and started abusing them. In this context, it is alleged that this petitioner and accused No.3 caught hold Rajesh s/o Venkateshgowda and accused No.1 assaulted him with a chopper on his head and this petitioner assaulted with club on other parts of the body of the injured and they also kicked him with their legs and etc., The complainant went to the hospital and taken treatment. Presently, he has been discharged. There is no life threat to the complainant as submitted by the learned counsel for petitioner and the same has not been denied by the learned HCGP.
4. Looking to the overt acts of the accused particularly this petitioner, it is alleged that he only caught hold the injured and also assaulted with club on his hands etc., Therefore, whether there was any real intention to commit the murder of the injured – Rajesh has to be established during the course of the full dressed trial and common intention has also to be established during the course of full dressed trial. The offence under Section 307 IPC and other offences are bailable in nature. Considering the nature of allegations and the overt acts alleged against the petitioner/accused and as he has already been arrested and in judicial custody and he is no more required for any further investigation, in my opinion, the petitioner is entitled to be enlarged on bail. Hence, the following;
ORDER The Criminal Petition is allowed.
The petitioner shall be enlarged on bail in connection with Crime No.219/2019 of Bilikere Police Station, Mysuru District on the file of the Additional Civil Judge (Jr. Dvn.) and JMFC Court, Hunsur, Mysuru District for the alleged offences subject to the following conditions:-
i) The petitioner shall execute a personal bond for a sum of Rs.50,000/-(Fifty Thousand Rupees only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE NBM