IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.7382/2018 BETWEEN :
Sri Saravesh S., S/o Srinivasa Reddy Aged about 24 years R/at Muttanallur Village Sarajapura Hobli Anekal Taluk-562 106 Bengaluru Urban District.
(By Sri P. Prasanna Kumar, Advocate for Sri S. Mallikarjuna Swamy, Advocate) AND :
… Petitioner State by Suryanagar Police Station Anekal, Represented by its State Public Prosecutor High Court Building Bengaluru-560 001.
… Respondent (By Sri M.Divakar Maddur, 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 Crime No.314/2018 of Suryanagar Police Station, Bengaluru City for the offences punishable under Sections 307, 341 and 504 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.1 under Section 438 of Cr.P.C. praying to release him on anticipatory bail in Crime No.314/2018 of Suryanagar Police Station for the offences punishable under Sections 341, 504, 307 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The complainant filed the complaint alleging that his brother-in-law is having a shop at Muthanallur Circle and doing slipper business and the complainant is working since one year in the said shop. On 10.8.2018 at about 3.00 p.m., petitioner-accused No.1 came to the shop and requested to pay an amount of Rs.7,000/- as he was in need of money saying that he will return the said amount within three days. He also left his bajaj Discover motorbike as security. On 13.8.2018 at about 12.00 Noon, petitioner came and asked the complainant to return the motorbike by paying Rs.5,000/-. But the complainant refused to give the vehicle. Thereafter, at about 8.00 p.m. on the very day, petitioner-accused No.1 called the complainant over phone and abused him in filthy language and demanded to hand over the vehicle near the shop. At about 8.30 p.m., petitioner-accused No.1 called the complainant near the shop. When the complainant came there, petitioner-accused No.1 stabbed him with knife on the right shoulder, due to which the complainant fell down. Immediately thereafter, the complainant was shifted to the hospital. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner-accused No.1 has not committed any offence and no such transactions are existing and false complaint has been registered. He further submitted that the discharge summary issued in respect of the complainant clearly goes to show that the history given in the hospital is that the complainant sustained injuries because of RTA skid and fall which itself falsifies case of the prosecution that the petitioner- accused No.1 has assaulted the complainant and caused injuries. He further submitted that the injured has already been discharged on 17.8.2018 and he is out of danger. Already the charge sheet has been filed. The alleged offences are not punishable with death or imprisonment for life. He further submitted that the petitioner is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition by granting anticipatory bail to the petitioner.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner-accused No.1 has taken an amount of Rs.7,000/- by keeping his bike and thereafter he returned only Rs.5,000/-. When the petitioner asked to return his motorbike and the complainant refused to do so, the petitioner called the complainant over the phone and by abusing him in filthy language he asked him to come near the shop. When he came to the spot, he assaulted him with knife and caused grievous injuries. There is ample material as against the petitioner. After investigation, charge sheet has been filed. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On close reading of the contents of the complaint, though it is alleged that the petitioner- accused No.1 has assaulted the complainant with knife, the discharge summary issued by Sparsha Hospital discloses the history as RTA skid and fall and sustained injuries that itself falsifies the case of the prosecution. Be that as it may, the injured has already been discharged from the hospital and the injuries sustained by the complainant are simple in nature and he is also out of danger. The alleged offences are not punishable with death or imprisonment for life. In that light, I feel that petition is liable to be allowed.
Accordingly, the petition is allowed and the petitioner is granted anticipatory bail. In the event of his arrest in Crime No.314/2018 of Suryanagar Police Station for the offences punishable under Sections 341, 504, 307 of IPC, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with one surety for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within fifteen days from today.
iii) He Shall not tamper with the prosecution evidence in any manner.
iv) He shall not leave the jurisdiction of the trial Court without prior permission.
Sd/- JUDGE *ck/-