IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.1259/2019 BETWEEN:
SRI. ASHWATH, S/O THIMMANAYAKA, AGED ABOUT 40 YEARS, R/AT BANAHALLI VILLAGE, TEKAL HOBLI, MALUR TALUK, KOLAR DISTRICT – 563 101. …PETITIONER (BY SRI. A.LOURDU MARIYAPPA, ADVOCATE) AND:
THE STATE OF KARNATAKA, REPRESENTED BY POLICE – INSPECTOR, POLICE STATION MASTHI, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BENGALURU – 560 001. …RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.107/2018 (C.C.NO.5/2019) OF MASTI P.S., KOLAR DISTRICT FOR THE OFFENCE P/U/S 323, 302 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP. Perused the records.
2. Charge sheet has already been laid against the petitioner who is the sole accused in C.C.No.5/2019 and presently the case is committed to Court of Sessions registered in S.C.No.68/2018 on the file of the I Additional District and Sessions Judge, Kolar, for the offences punishable under Sections 302 and 323 of IPC.
3. The facts as revealed from the charge sheet are that on 21.10.2018 the accused had been to a Bar by name “Sreenivasa Bar” and the deceased was also there in the service hall. It appears that the accused was indebted to the deceased. In this context, some quarrel had taken place between the accused and the deceased. It is alleged that the accused assaulted the deceased with hands and kicked him with legs and pushed him from his hands, due to which he fell down and thereafter died. Looking to the above said facts and circumstances, the prosecution has to prove that the petitioner pushed the deceased with the knowledge that by pushing him, he may fell down, sustain injuries and may die during the course of full dressed trial. Further, counsel for the petitioner has brought to the notice of this Court the post mortem examination report wherein the doctor has given his final opinion that the death was due to aspiration of gastric contents as the deceased had consumed ethyl alcohol prior to death. In the above circumstances, I am of the opinion that this is a fit case to grant bail under Section 439 of Cr.P.C.
4. Hence, the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with C.C.No.5/2019 on the file of Civil Judge and JMFC, Malur(arising out of Cr.No.107/2018 of Masthi Police Station) registered against him for the offences punishable under Sections 302 and 323 of IPC., subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering with the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all 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 till the case registered against him is disposed of.
Sd/- JUDGE *alb/-