IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4716/2019 Between:
Sri. Ravi D.P., S/o Puttappa, Aged about 39 years, 94th F Square Stall, Nagarabhavi, Bengaluru – 560 091.
Also at No.54, 2nd Main Road, 15th Cross, Arogya Badavane, Annapoorneswarinagar, Bengaluru – 560 091. ... Petitioner (By Sri. H.J. Ananda, Advocate) And:
State by Annapoorneswarinagara P.S., Represented by State Public Prosecutor, High Court Building, Bengaluru – 01. ... Respondent (By Sri. K.P.Yoganna, 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.148/2019 of Annapoorneshwari Nagar P.S., Bangalore for the offence P/U/S 504, 307 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. Perused the records.
2. It is the allegation of the prosecution that on 16.5.2019 at about 2.20 p.m. when the complainant was near Ayodya Hotel, at that time the petitioner being the owner of the cloth shop by name ‘94th F Square’, started quarrelling with the complainant, abused him in filthy language, assaulted him with fist and also kicked him with his leg etc. and caused severe injuries. The medical report discloses that the complainant is having pain and deformity of right wrist with restricted movements and there are grievous injuries and it is stated that the complainant is depending on walker to move around.
3. Looking to the aforesaid facts and circumstances, though the complainant was discharged from Hospital, Police had to investigate the conduct of the accused and also the health condition of the injured. Hence, I am of the opinion that this is not a fit case to enlarge the petitioner on bail for the offence punishable under Sections 307 IPC. In the above said circumstances, petition deserves to be dismissed.
4. Accordingly the petition is dismissed. However, the petitioner is at liberty to move the trial Court or the competent Court for regular bail under Section 439 Cr.P.C. and in that eventuality, the said petition has to be disposed of expeditiously.
Sd/-
JUDGE RS/*