IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7594/2019 BETWEEN SRI SOMASHEKAR S/O LATE CHENNABASAPPA AGED ABOUT 67 YEARS RESIDENT OF NO.28/12 NARASIMHA NILAYA 19TH MAIN ROAD, M.C. LAYOUT VIJAYANAGAR BENGALURU – 560 040 ... PETITIONER (BY SRI. S.S. MANU SHANKAR, ADVOCATE) AND STATE OF KARNATAKA BY VIJAYNAGAR POLICE REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.280/2019 OF VIJAYNAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/Ss. 506, 504, 307, 323 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the Respondent –State. Perused the records.
2. The brief facts of the case are that, on 05.09.2019, the injured witness by name Smt. Jayarathna, wife of Sri. Somashekar, lodged a complaint stating that, her husband (the petitioner) has been addicted to vice habits. Therefore, he was attempted to sell the house, which was in the joint name of the petitioner and the complainant. In this background, it is alleged that on 16.08.2019 in the night at 10.30 hours, the petitioner forced the complainant to go over to sub- registrar’s office on the next day to execute the sale deed. As she refused, the petitioner started abusing her in filthy language and assaulted her with his hands and kicked her with legs and also poured kerosene and lit fire. Immediately, she was admitted to the hospital.
The medical certificates show that, she sustained two simple injuries. The said complaint was registered by the respondent-police in Crime No.280/2019 for the offences punishable under Sections 506, 504, 307, 323 of IPC, which is now pending before the Court of 24th ACMM, Bengaluru.
3. The record reveals that, the complaint was lodged on 05.09.2019 after long lapse of more than 20 days. No explanation is available for the delay in lodging the complaint. It is also seen from the records that, the complainant has sustained two simple injuries in the alleged incident. Therefore, considering the nature of allegations; injuries sustained by the complainant; the relationship between the parties and also the delay in lodging the complaint, I am of the opinion that, the petitioner is entitled to be enlarged on anticipatory bail as prayed for. Hence, the following, -
ORDER The petition is allowed. Consequently, the petitioner/accused-Somashekar shall be released on bail in the event of his arrest in connection with Crime No.280/2019 of respondent-Vijayanagar Police Station, Bengaluru city, for the aforesaid offences, which is now pending before the Court of 24th ACMM, Bengaluru, on the following conditions:-
i) The petitioner shall surrender himself before the concerned 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/- (Rupees Fifty Thousand only 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 Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week ie., on every Sunday between 10.00 am and 5.00 pm., before the concerned Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
SD/- JUDGE KGR*