IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.8153 OF 2019 BETWEEN:
SRI RANJITH, S/O GOPALA, AGED ABOUT 21 YEARS, RESIDING AT GL 22, NEAR BURIAL GROUND, 8A BLOCK, KRISHNAPURA, KATIPALLA VILLAGE, MANGALORE CITY D K-575030. ...PETITIONER (BY SRI DHANANJAY KUMAR, ADVOCATE) AND:
STATE OF KARNATAKA, REP BY SURATHKAL POLICE STATION, UDUPI DISTRICT, REP BY SPP, HIGH COURT OF KARNATAKA, BENGALURU – 01.
…RESPONDENT (BY SRI ROHITH B.J, 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 CR.NO.01/2019 REGISTERED BY SURATHKAL POLICE STATION, MANGALURU CITY FOR THE OFFENCE P/U/S 341 AND 307 R/W 34 OF IPC AND ETC., 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 HCGP for the respondent-State. Perused the records.
2. Petitioner is arraigned as accused No.1 in Crime No.1/2019 of Surathkal Police Station for the offence punishable under Sections 341, 307 read with Section 34 of IPC.
3. A person by name Sandesh lodged the complaint stating that on 03.01.2019 he was proceeding on his motorcycle to leave his son to Chaitanya School and while he was going to work to the MRPL Company at that time petitioner came there along with other two persons on pulsar motorcycle, intercepted the way of the complainant and the petitioner has slashed a talwar (sword) to the neck of the complainant. In fact, the complainant avoided the said blow and went away on his motorcycle to his house. Thereafter, the accused persons also went away from the said spot.
4. Looking to the above said allegations, absolutely there is no injury sustained by the complainant and the allegations that the accused intercepted his way and slashed sword has to be established during the course of investigation. As no injuries have been sustained, the petitioner is entitled to be enlarged on bail on conditions. However, it is made clear that for all practical purposes i.e., interrogation, investigation and recovery, petitioner is deemed to be in custody of Police. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.1/2019 of Surathkal Police Station for the offence punishable under Sections 341, 307 read with Section 34 of IPC, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the final report is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE BSR