IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.3175/2019 Between:
Sri Obaidulla @ Salman, S/o Chand Pasha, Aged about 19 years, R/at No.M-10, 13th Cross, Hidayathnagar, Bengaluru – 560 045. … Petitioner (By Sri G. Desu Reddy, Senior Advocate) And:
State of Karnataka by Kadugondanahalli Police Station, Bengaluru, Rep. by its State Public Prosecutor, High Court Buildings, Bengaluru – 560 001. … Respondent (By Sri S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Crime No.70/2019 of Kadugondana Halli P.S., Bangalore for the offences p/u/s 307, 504 r/w 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court, made the following:
O R D E R The petitioner has sought to be enlarged on bail with respect to his detention in connection with Crime No.70/2019 of K. G. Halli Police Station with respect to the offences punishable under Sections 307 and 504 r/w Section 34 IPC. The petitioner has been arrayed as accused No.1.
2. The facts that are made out with respect to the complaint are that:
On 21.2.2019 at about 2.30 a.m. when the complainant and his friends were talking in front of his shop, Salman and his friends came in two wheelers and called upon the complainant to give cigarettes and as the complainant stated that he had closed his shop and he did not oblige, the accused including the petitioner, have abused and assaulted him with a dragger like knife inflicting wounds. Upon registration of the complaint, FIR came to be lodged. The petitioner has been arrested on 22.3.2019 and has been in custody since then.
3. It is stated by the learned High Court Government Pleader that charge sheet has been filed.
4. The petitioner states that if the wound certificate issued by Ambedkar Medical College and Hospital is perused it would reveal that the injuries are simple in nature. Hence it is contended that the offences sought to be made out under Section 307 IPC is not sustainable.
5. Taking note of the fact that investigation is complete and also nature of injuries prima facie being simple in nature, it would be a case to enlarge the petitioner of bail. It is also to be noticed that the offences are not punishable with imprisonment for life or death.
6. Accordingly, the petition is allowed. The petitioner is enlarged on bail subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum before the Concerned Court.
(ii) The petitioner shall fully co-operate with the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) Any violation of the aforementioned conditions by the petitioner, howsoever minor, shall result in automatic cancellation of bail.
RS/* Ct-mhp Sd/- JUDGE