IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.1651/2019 BETWEEN SRI GOPALA S/O SHEENAPPA, AGED ABOUT 19 YEARS R/AT 9TH CROSS, MAYURANAGARA, HEGGANAHALLI, BENGALURU-560 091.
(BY SRI BASAVARAJU P., ADVOCATE) AND STATE OF KARNATAKA BY RAJAGOPALANAGAR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE-01.
... PETITIONER ... RESPONDENT (BY SRI M. DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED U/S.439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.77/2019 OF RAJAGOPAL POLICE STATION, BENGALURU CITY FOR THE OFFENECES P/U/SS. 506, 307, 504 R/W SEC.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The present petition is filed by accused No.1 under Section 439 of Cr.P.C. to release him on bail in Crime No.77/2019 of Rajagopal Nagar Police Station for the offences punishable under Sections 506, 307 and 504 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.
3. The gist of the complaint is that on 25.01.2019 at around 10 p.m., when the complainant was going to Shivanandanagara near water point, the complainant’s relative Prathapa, along with him their area people by name Gopala, Tiles Kirana, Thayyagaraju @ Thyaga and other two unknown persons were quarreling towards the mobile phone. When the complainant enquired them, the petitioner threatened the complainant by saying that “this is their area, who is he to ask them” and thereby scolded the complainant in filthy language. When the complainant was returning from that place along with Pratap, the petitioner, Tiles Kirana and Thyagaraju alias Thyaga were refrained the complainant and said that they should be finished and took the weapons like iron rod, long and dragger, which they were having in their shirts and started assaulting the complainant. At that point of time Prathap escaped from the spot and ran away. When the complainant tried to escape from the said place, the accused severely assaulted the complainant by deadly weapons and they went away from the spot and while going, the accused threatened the complainant that they will kill him. Based on this complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that because of some hardship between the parties a false case has been registered. He further submitted that the injured has been got admitted in the hospital on 25.01.2019 and discharged on 26.01.2019. He further submitted that even the medical records show that the assault has been committed by unknown persons and the injuries suffered by the injured are simple in nature and he is out of danger. He further submitted that the petitioner is ready to co-operate with the investigation and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned HCGP appearing for the respondent-State vehemently and argued and submitted that the accused/petitioner is involved in serous offence which is punishable with 10 years of imprisonment. He further submitted that the petitioner is having antecedents and there is direct involvement of the petitioner in the alleged crime. If he is released on bail he may abscond and tamper with the prosecution witnesses and again he may involve himself in similar type of activities. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the parties and also perused the records, including the contents of the complaint.
7. As could be seen from the records and the contents of the complaint, on 25.01.2019 at around 10.00 p.m., when the complainant was proceeding to Shivanandanagar near water point, the petitioner along with other accused persons were quarreling towards mobile phone. When the complainant enquired them, the petitioner threatened the complainant saying that “This is their area, who is he to ask them”, thereby scolded the complainant in filthy language and when the complainant was returning from the spot along with his relative Pratap the accused persons assaulted him with deadly weapons which were having in their shirts. The said injuries are simple in nature and already the injured has been discharged form the hospital and he is out of danger. The alleged offences are not punishable with death or imprisonment for life. Under these facts and circumstances of the case, I feel that by imposing some stringent conditions, if the petitioner is ordered to be released on bail, it would meet the ends of justice.
8. Accordingly, the petition is allowed and accused- petitioner herein is enlarged on bail in Crime No.77/2019 of Rajagopala Nagar Police Station for the offences punishable under Sections 506, 307 and 504 read with 34 of IPC, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the like sum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence directly or indirectly and he shall not threaten the complainant in any manner.
iii) He shall not leave the jurisdiction of the trial Court without prior permission and co-operate with the investigation.
iv) He shall mark his attendance before the Investigating Officer once in fifteen days between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
v) In the event of tampering of the prosecution evidence by the accused, the prosecution is at liberty to move for cancellation of the bail.
Sd/- JUDGE Sbs*