IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.9034/2018 Between:
Sri. Pramod, S/o. Perumal, Aged about 28 years, R/at No.83, C-9, Anjinappa Garden, Bengaluru – 560 018. …Petitioner (By Sri. Arun A. Gadag, Advocate for Sri. Shridhara K., Advocate) And:
State of Karnataka By Cottonpete Police Rep. by Public Prosecutor Ambedkar beedhi, Bengaluru – 560 001. …Respondent (By Sri. K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Code of Criminal Procedure praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.152/2018 of Cottonpet Police Station, Bengaluru for the offence punishable under Section 307 read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER This petition is filed by accused No.1 seeking anticipatory bail in Crime No.152/2018 registered at Cottonpet police station for the offence punishable under Section 307 read with Section 34 of IPC.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The case of the prosecution is that one Smt. Janaki, the mother-in-law of the complainant had leased the second floor of a house situated at Cottonpet, Bengaluru to one Smt. Anjali. Due to the dispute between the land lady and the tenant i.e., Smt. Anjali and her family, the son of the land lady had given Rs.50,001/- to Smt. Anjali and had asked to vacate the leased premises. Inspite of the same, the said premises was not vacated.
4. On 01.06.2018 at about 10.45 p.m., there was a quarrel between the land lady and the tenant. It is alleged that accused Nos.2 and 3 caught hold of the husband of the complainant i.e., one Ganesh and her brother-in-law one Kumaresh and the petitioner herein, who is arrayed as accused No.1, assaulted them with a long and attempted to commit murder of Kumaresh and also assaulted him with a long on his back side of the left shoulder and also assaulted the husband of the complainant on the left hand fingers.
5. The learned counsel for the petitioner submits that a false case has been filed in view of the dispute between the parties and accused Nos.2 and 3 are already released on bail and therefore, he seeks to enlarge the petitioner on bail by imposing suitable conditions.
6. Per contra, the learned High Court Government Pleader would contend that the petitioner is absconding from the date of registration of the case. He submits that if the petitioner is enlarged on anticipatory bail, then there is a likelihood of he fleeing from justice and accordingly, he seeks to dismiss the petition.
7. Learned High Court Government Pleader submits that PWs-4 and 5 are the injured persons. He has made available, the copy of the wound certificate. On perusal of the same goes to show that both the persons have sustained simple injuries. Admittedly, the charge sheet has been filed and accused Nos.2 and 3 are already released on bail. Considering the facts and circumstances of the case, I am of the view that the petitioner may be enlarged on anticipatory bail.
ORDER The petition is allowed.
In the event of the arrest of the petitioner in Crime No.152/2018 registered at Cottonpet police station for the offence punishable under Section 307 read with Section 34 of IPC, the petitioner shall be enlarged on bail subject to the following conditions:-
1. The petitioner shall appear himself before the Investigation Officer within a period of one week from the date of receipt of a copy of this order and shall execute a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with two sureties for the likesum to the satisfaction of the Investigation Officer;
2. The petitioner shall co-operate with further investigation if any;
3. The petitioner shall not tamper with the prosecution witnesses in any manner and 4. The petitioner shall be regular in attending the Court proceedings.
Sd/- JUDGE DS