IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6602/2018 BETWEEN:
Siddaraju S/o Gunte Guruvaiah @ Channaiah, Aged about 60 years, R/at Nidaghatta Village, Kasaba Hobli, Malavalli Taluk, Mandya District, Pin Code-571430. ...Petitioner (By Sri.Kemparaju, Advocate) AND:
State of Karnataka, By Malavalli Rural Police Station, Rep. by its State Public Prosecutor, High Court Complex, Bengaluru-560 001. ...Respondent (By Smt.Namitha Mahesh B.G., 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 Crime No.233/2018 of Malavalli Rural Police Station, Mandya District for the offences punishable under Sections 323 and 307 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner/accused under Section 438 of Cr.P.C. praying to release him on anticipatory bail in the event of his arrest in Crime No.233/2018 of Malavalli Rural Police Station, Mandya District for the offences punishable under Sections 323 and 307 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. Gist of the complaint is that sister-in-law of the complainant who is residing at Bangalore has purchased a site from the father of the accused. Her son has dumped the stones about few days back. For that accused picked up quarrel by telling that stone has been dumped on their instigation. In that light on 27.07.2018 at about 6.00 pm the complainant’s husband was coming from the provision store, at that time the petitioner standing in front of his house, abused the husband of the complainant, when same is questioned by her husband, accused assaulted by chopper to his head, thereby injuries caused to his left hand. Accused stamped to his chest, assaulted to his legs by sickle, intimidated him, assaulted by hands as a result, injured lost his two teeth.
4. On the basis of the complaint, a case was registered against the petitioner/accused.
5. It is the submission of the learned counsel for petitioner that there is a civil dispute between the parties and injuries sustained by the injured are simple in nature. The alleged incident took place on 27.07.2018, injured got admitted to the hospital and after discharging from the hospital, lodged complaint against the accused on 28.07.2018 and there is one day delay in lodging the complaint. The injured is out of danger. It is further submitted that the alleged offences are not punishable with death or imprisonment for life and submits that he is ready to abide by any conditions that may be imposed on him by this Court and ready to offer sureties. Custodial interrogation of the petitioner is not necessary. On these grounds, learned counsel for the petitioner prayed to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused caused grievous injuries to the injured. Injury certificate shows that injured has lost two teeth. He further submits that custodial interrogation of the petitioner is not necessary. Weapon which is used for crime has already been recovered. If accused is released on bail, he may tamper with the prosecution witnesses and he may abscond and may not available for trial. Hence, prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
7. As could be seen from the records, it appears that alleged incident took place on 27.07.2018 and injured sustained injuries and got admitted to the hospital on 28.07.2018 and discharged on the same day itself. No doubt, the injuries sustained by the injured person are simple in nature and he is out of danger. Learned HCGP has fairly submits that custodial interrogation of the petitioner is not necessary.
8. Keeping in view the said facts and circumstances, I feel that by imposing some stringent conditions, if the petitioner/accused is enlarged on bail, it is going to meet the ends of justice.
9. In that light, petition is allowed and the petitioner/accused is enlarged on anticipatory bail in the event of his arrest in Crime No.233/2018 of Malavalli Rural Police Station, Mandya District for the offences punishable under Sections 323 and 307 of IPC subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on executing a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall surrender before the Investigation Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission 5. He shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the concerned police station for a period of six months.
JS/-
Sd/- JUDGE