IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1160 OF 2019 BETWEEN:
SRI. SHASHIKUMAR K.C. S/O. SRI. CHANDRAIAH, AGED ABOUT 27 YEARS R/O. KOTTAGERE VILLAGE, KUNIGAL TALUK, TUMAKURU DISTRICT – 572 130. ...PETITIONER (BY SRI. C.P. GOPALASWAMY, ADVOCATE) AND:
THE STATE OF KARNATAKA BY KUNIGAL POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, BENGALURU – 560 001. ...RESPONDENT (BY SRI. H.S. CHANDRAMOULI, SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.457/2018 OF KUNIGAL POLICE STATION, TUMAKURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 307 AND 504 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition has been filed by the petitioner/accused No.1 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.457/2018 of Kunigal Police Station for the offences punishable under Sections 307 and 504 of IPC 2. I have heard the learned counsel for the petitioner and the learned State Public Prosecutor for the respondent-State.
3. It is alleged in the complaint that on 28.12.2018 at about 7 p.m., the complainant was in his house, the petitioner-accused No.1 came and abused him in filthy language. The complainant came out of the house and requested the petitioner-accused No.1 to leave the spot but the petitioner-accused No.1 abused him again in filthy language in connection with the non co-operation of the complainant in harvesting the arecanut from his garden, thereafter with an intention to commit the murder stabbed the complainant on his stomach with the help of knife and caused grievous injuries. Immediately villagers came and the complainant had been admitted to Adichunchanagiri Hospital. On the basis of the said complaint, the case has been registered.
4. It is the submission of the learned counsel for the petitioner/accused No.1 that the petitioner/accused No.1 is innocent and has not committed any offences. The petitioner/accused No.1 has questioned the complainant about the harvesting of arecanut, in that altercation, the petitioner/accused No.1 has assaulted the complainant. The injured is out of danger, he was admitted to Adichunchanagiri Hospital on 28.12.2018 and discharged on 05.01.2019.
There was no any intention to cause death of the complainant. It is further submitted that the alleged offences are not punishable with death or imprisonment for life. He is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.1 on anticipatory bail.
5. Per contra, learned Special Public Prosecutor vehemently argued and submitted that the injuries are found grievous in nature and the complainant has sustained four injuries, injury Nos.2, 3 and 4 are grievous in nature. He further submitted that the petitioner/accused No.1 has used alleged weapon and assaulted on the stomach which is vital part of the body. If the petitioner/accused No.1 is enlarged on bail, he may abscond and may not be available for the purpose of investigation or interrogation. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. On close reading of the contents of the complaint, the petitioner/accused No.1 came to the house of complainant and abused him in a filthy language in respect of harvesting the arecanut. Thereafter, he stabbed the complainant. Whether the petitioner/accused No.1 having an intention to take away the life of the complainant is the matter which has to be considered and appreciated only at the time of trial. The Medical Report of the Adichunchangiri Hospital and Research Center, Balagangadharanatha Nagara clearly shows that the complainant was admitted on 28.12.2018 and discharged on 05.01.2019. Though the injuries Nos.2, 3 and 4 are grievous in nature but injured already discharged and he is out of danger. Under the said facts and circumstance, I feel that by imposing some stringent conditions, if the petitioner/accused No.1 is released on bail, it is going to meet the ends of justice.
8. In the light of discussions held by me above, petition is allowed and the petitioner/accused No.1 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.457/2018 of Kunigal Police Station for the offences punishable under Sections 307 and 504 of IPC subject to the following conditions:
1. Petitioner/accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall co-operate with the Investigating Officer for the purpose of investigation.
4. He shall not tamper with the prosecution evidence either directly or indirectly.
5. He shall not leave the jurisdiction of the Court without prior permission 6. He shall mark his attendance once in a month, i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the charge sheet is filed.
Sd/- JUDGE KTY