IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8144/2018 BETWEEN:
Sri.Anil, S/o. Sri. Venkatesh, Aged about 28 years, Resident of Anegadde Village, Humcha Hobli, Hosanagara Taluk, Shivamogga-577 201. ...Petitioner (By Sri.S.H.Prashanth, Advocate) AND:
State by Ripponpete Police Station, Ripponpete, Hosanagara, Shivamogga District, By its Station House Officer, Represented by Addl. State Public Prosecutor, High Court of Karnataka, 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 Crime No.164/2018 of Ripponpet Police Station, Shivamogga District for the offence punishable under Sections 504, 307 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The petition has been filed by the petitioner/accused No.3 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.164/2018 of Ripponpet Police Station for the offences punishable under Sections 504 and 307 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The genesis of the complaint is that the complainant’s daughter – Suma got married with one Chandrashekhar. The in-laws started ill-treating and harassing the Suma. After coming to know the said fact, the complainant and others went to pacify the said galata. At that time, accused No.1 made some galata by using filthy language. As such, the complainant informed the family members of the husband of Suma over the phone that they are coming to their house to advice them. After that, the complainant and his wife along with some panchayathdars went to the house of the petitioner. At that time, accused No.1 picked up quarrel with the complainant and abused them in filthy language, brought one iron rod and tried to assault the complainant. At that time, complainant’s son Manjunath tried to save the complainant and it is accused No.3-petitioner stabbed Manjunath with knife on the left side of his stomach. As a result, intestine came out and immediately he was taken to the hospital and a case was registered.
4. It is the submission of the learned counsel for the petitioner that the injuries suffered by the injured is simple in nature and he has already been discharged from the hospital and he was not having any intention to cause the death. It is further submitted that the injured is out of danger and the petitioner is young member of the society and he has deep roots in the society. On these grounds, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that it is the accused No.3 stabbed with knife. As a result, intestine came out and he has caused grievous injuries. On the these grounds, he prayed 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. By going through the wound certificate issued by the Max Specialty Hospital, Shimoga, indicates that the injured-Manjunath had got admitted in the Hospital on 23.09.2018 and he has been treated and thereafter on 27.09.2018, he has been discharged. Though, it is contended that the injury caused is serious in nature and the intestine has come out but the medical records indicates the fact that already the injured has been treated and he is out of danger and alleged offence is not punishable with death or imprisonment for life. Under such circumstance, I feel that by imposing some stringent conditions, if the accused/petitioner is enlarged on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioner/accused No.3 is enlarged on anticipatory bail in Crime No.164/2018 of Ripponpet Police Station for the offences punishable under Sections 504 and 307 read with Section 34 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 being 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 Jurisdictional Police.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station till the chargesheet is filed.
5. He is directed to surrender before the Investigating Officer within 15 days from today.
VBS Sd/- JUDGE