IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.6688/2018 BETWEEN:
Sri.Narasegowda, S/o. Lingaiah, Aged about 34 years, Residing at No.12, J.C.Nagar, ‘F’ Cross, Bengaluru – 560 007 (By Sri.Srinivas.N, Advocate-Absent) AND:
State of Karnataka by SPP, High Court of Karnataka, Bengaluru – 560 001, By Mahalakshmipuram Police Station, Bengaluru – 560 086 …Petitioner …Respondent (By Smt. B.G.Namitha Mahesh, 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.247/2018 of Mahalakshmipuram Police Station, Bengaluru City for the offence P/U/S 341, 323, 307 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioner- accused No.4 under Section 438 of Cr.P.C to release him on anticipatory bail in Crime No.247/2018 of Mahalakshmipuram Police Station, Malleshwaram Sub- Division, Bengaluru City for the offence punishable under Section 341, 323, 307 read with 34 of IPC.
2. The learned counsel for the petitioner is absent. Heard the learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that on 30.07.2018 during night hours, complainant and her husband had gone for dinner to the house of one Shashikala and after the dinner when they were returning at about 11:00 p.m. in their vehicle, two persons came in Deo vehicle and dashed towards their vehicle and when the husband of the complainant questioned, the said persons assaulted her husband and also assaulted her with hands and went away. Thereafter, the complainant and her husband went in search of their vehicle keys. The above said two persons along with other two persons again came there and out of them, one assaulted on the chest and rare portion of the head of the complainant’s husband with knife and caused injuries. When the complainant went for his rescue, they assaulted with a rod on her right and left hands and on the cheeks. On the basis of the complaint, a case has been registered.
4. It is contended in the petition that the name of the petitioner is not forthcoming in the complaint. The accused-petitioner was not present at the place of the incident. It is further contended that there are no overt acts alleged as against the petitioner-accused No.4. It is further submitted that the remaining accused persons are already released on bail. The complainant who has suffered with the injuries has already been discharged along with her husband and they are out of danger. The alleged offence is not punishable with death or imprisonment for life. The petitioner is ready to abide by the terms and conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and release the petitioner-accused on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the injuries suffered by the complainant are grievous in nature including the fracture of right radius and even the injuries suffered by the husband of the complainant shows that there was a fracture of fourth rib and he was also admitted in the hospital. The petitioner-accused No.4 was absconding and was not available for investigation or interrogation. It is further contended that if the accused- petitioner is enlarged on bail, he may indulge in similar type of criminal activities and he may abscond. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned High Court Government Pleader and perused the records.
7. As could be seen from the contents of the complaint, there is allegation to the effect that two persons came in a Deo vehicle and dashed to the vehicle of the husband of the complainant and thereafter, they assaulted and later two persons again came there and they assaulted on the chest and rare portion of the head of the complainant’s husband and also the complainant and caused the injuries. The name of the accused-petitioner is not found in the complaint. The reports indicate that the knife which has been used for the purpose of commission of offence has already been recovered from the possession of accused No.1 and the alleged offence is not punishable with death or imprisonment for life and already the charge sheet has been filed against the accused-petitioner. The injured persons have been already discharged and there is no danger to the life of the injured persons. The only apprehension of the learned High Court Government Pleader is that the accused-petitioner is required for the purpose of interrogation. The same can be protected by imposing some stringent conditions.
8. Accordingly, Criminal Petition is allowed.
Accused No.4-petitioner is ordered to be released on anticipatory bail in the event of his arrest in Crime No.247/2018 of Mahalakshmipuram Police Station, Malleshwaram Sub-Division, Bengaluru City for the offence punishable under Section 341, 323, 307 read with 34 of IPC, subject to the following conditions:
1. The accused-petitioner shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence directly or indirectly.
4. He shall regularly attend the trial and he should be available to the Investigating Officer for the purpose of interrogation.
5. He shall not leave the jurisdiction of the concerned Court without prior permission of the Court.
6. He shall mark his attendance once in 15 days in the said Police Station in between 10:00 a.m to 5:00 p.m for a period of six months.
Sd/- JUDGE RB