IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION No.392/2019 BETWEEN:
1. Sri Shivalinga S/o Kuntaninga Rajanna, Aged about 40 years, 2. Sri Sunil Kumar @ Peecha S/o Honnegowda, Aged about 22 years, 3. Sri Sanna S/o Kuntaninga Rajanna, Aged about 38 years, 4. Sri Mota S/o Kuntaninga Rajanna, Aged about 30 years, (Petition in respect of petitioner Nos.3 and 4 was dismissed as not pressed v/o dated 28.01.2019) Petitioner No.1 to 4 are R/at Bettegowdanadoddi, Kasaba Hobli, Kanakapura Taluk, Ramanagara District-562 117. …Petitioners (By Sri A.V.Ramakrishna, Advocate) AND:
State of Karnataka By Kodihalli Police Station, Kanakapura Ramanagara District, Rept. By State Public Prosecutor, High Court of Karnataka, 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 their arrest in Crime No.104/2018 of Kodihalli Police Station, Ramanagara District for the offence punishable under Section 307 r/w Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The present petition has been filed by the petitioners-accused Nos.1 and 2 under Section 438 of Cr.P.C to release them on bail in the event of their arrest in Crime No.104/2018 of Kodihalli Police Station, Ramanagara District for the offence punishable under Sections 307 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent-State.
3. It is alleged in the complaint that on 29.06.2018 at about 8.00 a.m. due to some ill-will, the accused Nos.1 to 4 have assaulted the complainant-Vijay Kumar with iron rod and attempted to commit his murder. On the basis of the complaint, a case has been registered.
4. It is the contention of the learned counsel for the petitioners-accused Nos.1 and 2 that already accused Nos.3 and 4 have been released on bail by this Court in Crl.P.No.6631/2018 dated 04.01.2019 and injured has also been discharged from the hospital and he is out of danger. He further submitted that they are ready to abide by any of the terms and conditions that may be imposed by this Court and also ready to offer surety, if they are released on bail. On these grounds, he prayed to allow the petition and to release petitioners-accused Nos.1 and 2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the victim has suffered a grievous injuries. Immediately after the assault, petitioners-accused Nos.1 and 2 were absconding and were not 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 the parties and perused the records.
7. As could be seen from the discharge summary of the victim, it indicates that the victim had suffered injury on the head. There is no mention of injuries on the back and leg in the discharge summary. The wound certificate states that the victim has suffered cut lacerated injury on the parietal and occipital region. The said injuries are simple in nature and the injured has already been discharged from the hospital and he is out of danger. The accused Nos.3 and 4 have already released on bail by this Court in Crl.P.No.6631/2018 dated 04.01.2019.
8. Under the facts and circumstance, I feel that if the petitioners-accused Nos.1 and 2 are released on bail by imposing some stringent conditions, then it is going to meet the ends of justice.
9. In that light, the petition is allowed and petitioners-accused Nos.1 and 2 are ordered to be released on bail in the event of their arrest in Crime No.104/2018 of Kodihalli Police Station, Ramanagara for the offences punishable under Sections 307 read with Section 34 of IPC subject to following conditions:
1. Each of the petitioners-accused 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. They should surrender before the Investigation Officer within 15 days from today.
3. They shall not tamper with the prosecution evidence in any manner.
4. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., till the charge sheet is filed.
5. They shall appear before the Investigating Officer as and when the Investigating Officer call them for investigation or interrogation.
6. They shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE HA/-