IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6472/2017 Between:
Sri. Nishchal, S/o Basavarajappa, Aged about 35 years, R/at No.426, 3rd Cross, Near Padma Nilaya Hostel, B.H. Road, Bhadravathi – 577 301.
(By Sri.H.S.Prashanth, Advocate) And:
The Sub Inspector of Police, New Town Police Station, New Town, Bhadravathi, Shivamogga District – 577 301. (By Sri. S.Vishwamurthy, HCGP.) …Petitioner …Respondent 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.164/2017 of Bhadravathi New Town Police Station, Shivamogga for the offence punishable under Sections 504 and 307 r/w 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner apprehends his arrest by the respondent-police in their Crime No.164/2017 registered in respect of offences punishable under Sections 504 and 307 r/w 34 of IPC.
3. The allegation is, the complainant has dispute with his wife: during the night hours of 02.07.2017, somebody knocked the door of the complainant. When the door was opened, the petitioner started abusing him filthily and hit with some weapon on the back of his head, immediately he lost his consciousness. When he woke up on the morning of 03.07.2017, he was in the hospital. Thereafter, he was informed that his tenant had admitted him to the hospital and the said tenant had seen the petitioner and his friend paying to their heels after the incident etc.
4. Sri. Prashanth H.S., learned counsel for the petitioner submits that the complainant was under treatment for his psychiatry problems for about six months. Since in the middle of his treatment, he got discharged himself from the hospital, his family members requested the petitioner to impress up on the complainant to admit to the hospital and in good faith the petitioner had requested the complainant to admit to the hospital for treatment. Perhaps that is the sole ground for the complainant to lodge false complaint against him. He is not aware of the dispute between the complainant and his wife as alleged in the complaint and that the complainant had suffered a bone deep laceration over his left occipital region. The complaint allegation is vague and lacking material particulars. The Investigating Officer recovered a rod from the spot during the spot mahazar.
5. Having regard to the above circumstance, petition is allowed.
Petitioner is granted anticipatory bail in Crime No.164/2017 registered by the respondent-Police for a limited period of three weeks. Within the above period, he shall surrender before the concerned Court and move for regular bail.
Until disposal of the bail petition, this order will be in force.
In the event of his arrest within the above period by the respondent-Police, he shall be released on bail on his executing a self bond for a sum of Rs.50,000/-
(Rupees fifty thousand only) with one surety for the likesum and he shall co-operate with the Investigating Officer during the further course of investigation.
VBS Sd/- JUDGE