IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.6485/2018 BETWEEN:
1. Sri. Rajanikanth, S/o. Kalappa, Aged 20 years, 2. Thimmappa, S/o. Babanna, Aged 45 years, Petitioners are residents of: Kamaganahalli Village, Hosuru Hobli, Gowribidanur Taluk – 561 208.
…Petitioners (By Sri. Veeranna G. Tigadi, Advocate) AND:
State of Karnataka, Rep. by Sub-Inspector of Police, Rural Police Station, Gowribidanur, Rep. by State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001. ...Respondent (By Sri. I.S. Pramod Chandra, SPP-II) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners on bail in the event of their arrest in Gowribidanur Rural Police Station Crime No.154/2018 for the offences punishable under Sections 493, 323, 307, 504 and 506 read with Section 34 of IPC.
This Criminal petition coming on for Orders, this day, the Court made the following:
O R D E R Heard learned counsel for the petitioners and learned SPP-II for respondent – State.
2. FIR is registered against the petitioners for the offences punishable under Sections 493, 323, 307, 504 and 506 of IPC based on the complaint lodged by one Lakshmi @ Lakshmamma.
3. According to the complainant, after the death of her husband she came in acquaintance with accused No.1 and they have been living together as husband and wife for about four years. It is alleged that petitioner No.1/accused No.1 started distancing himself from the complainant and in this context on 03.06.2018 at 09.00 P.M. there was a quarrel between the complainant and petitioner No.1/accused No.1 and during the occurrence petitioner No.1/accused No.1 assaulted her and tried to squeeze her neck.
4. Though this incidence is said to have taken place on 03.06.2018, FIR is lodged only on 28.06.2018. The complainant is a major and as per her own version, she was living with petitioner No.1/accused No.1. Though the FIR is registered for the offence under Section 307 of IPC, the facts alleged in the complaint do not prima-facie attract the said offence. Therefore, taking into consideration the overall facts of the case and the circumstances in which the alleged incident has taken place, in my view, custodial interrogation of the petitioners may not be necessary for the purpose of investigation. In so far as petitioner No.2/accused No.2 is concerned, except alleging that the alleged act was done at his instigation, there are no other overt-acts attributed even to accused No.2/petitioner No.2. Under all these facts and circumstances, petition deserves to be allowed.
5. Accordingly, petition is allowed. Petitioners are directed to appear before the Investigating Officer within 15 days from the date of this order and on their appearance, the Investigating Officer shall interrogate the petitioners and shall enlarge them on bail on the same day subject to the following conditions:-
a. The petitioners shall furnish a bond in a sum of Rs.1.00 lakh (Rupees One lakh only) with two sureties each for the likesum to the satisfaction of the Investigating Officer;
b. The petitioners shall appear before the Investigating Officer as and when required;
c. The petitioners shall co-operate in the investigation;
d. The petitioners shall not threaten or allure the prosecution witnesses; and e. The petitioners shall mark their attendance in Gowribidanur Rural Police Station, on the last day of every calendar month, until submission of the final report.
Sd/- JUDGE SV/-