IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL PETITION No.8003/2018 BETWEEN:
SRI. SUBASH CHANDRA MURTHY S/O. LATE NARAYANNAPPA AGED ABOUT 50 YEARS R/AT. D.K.HALLI VILLAGE ROBERTSONPET HOBLI BANGARPET TALUK – 563 122.
(BY SRI M. DEVARAJA, ADV.,) AND:
STATE OF KARNATAKA BY THE STATION HOUSE OFFICER OF BEML NAGAR POLICE STATION, KGF, KGF TALUK, KOLAR DIST – 563 115 REP. BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU – 560 001.
(BY SMT. NAMITHA MAHESH B.G., HCGP) …PETITIONER … RESPONDENT 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.90/2018 REGISTERED BY BEML NAGAR POLICE STATION, K.G.F, FOR THE OFFENCE P/U/S 307, 354(A)(2), 354(D), 504 AND 506 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 petitioner/ accused No.1 under Section 438 of Cr.P.C, to release him on anticipatory bail in Crime No.90/2018 of B.E.M.L. Nagar Police Station, K.G.F., registered for the offences punishable under Sections. 307, 354(A)(2), 354(D), 504 and 506 of IPC.
2. The gist of the complaint is that petitioner/accused used to follow the wife of the complainant and he used to torture her to co-operate with sexual intercourse. It is further alleged that petitioner/accused used to make hand signals and he used to touch her body. She disclosed the said fact to her husband/complainant. It is alleged that on 22/08/2018 at 7.00 a.m. when the wife of the complainant went to the shop of the petitioner/accused to purchase sugar, he again tortured her. It is further alleged that the complainant took his wife and children and left them in the house of the mother of his wife and then returned back to his village. On the same day at about 10.00 p.m. when the petitioner/accused was proceeding in front of the house of the complainant, complainant questioned the petitioner/accused relating to his misbehaviour with his wife, at that time, petitioner/accused abused the complainant in filthy language and assaulted on his head with club and caused bleeding injury. Complainant lost consciousness and fell down. At that time, petitioner/accused dragged the body of complainant and with an intention to commit his murder, he poured kerosene on his body and set ablaze. On hearing hue and cries, neighbours gathered there and took the victim to the hospital. On the basis of complaint, case has been registered for the said offences.
3. I have heard the learned counsel for the petitioner/accused and the learned High Court Government Pleader for respondent-State.
4. It is the submission of the learned counsel for the petitioner that there is delay in filing the complaint. Though the alleged incident has taken place on 22/08/2018, complaint was registered on 27/08/2018, that itself goes to show that it is an afterthought. Subsequently, statement of the wife of the complainant was recorded under Section 164 of Cr.P.C., therein she has clearly stated that no such incident has taken place as alleged in the complaint and only at the instance of Byatappa and Muniyappa, the said complaint has been given by her husband. He further submitted that even the complainant has also stated that no such incident has taken place. He submitted that the injuries suffered by the victim are simple in nature and he was discharged on 1/10/2018. He further submitted that petitioner/accused is ready to abide by the conditions imposed by the Court and is ready to offer sureties. On these grounds, he prayed to allow the petition.
5. Per contra, learned HCGP appearing for the respondent- State submitted that the MLC extract clearly goes to show that the petitioner/accused assaulted the complainant and thereafter by pouring kerosene set him ablaze. She further submitted that petitioner/accused is involved in serious offence and there are eye witnesses to the alleged incident. She further submitted that if the petitioner/accused is released on bail, he may indulge in similar type of criminal acts. Therefore, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions of the learned counsel for the parties and perused the records.
7. The affidavits of the complainant and his wife have been filed to the effect that no such incident has taken place and that the said complaint has been registered on the instigation of Byatappa and Muniyappa. It is also stated that kerosene bottle accidentally fell down and caught fire. In the statement recorded by the wife of the complainant under Section 164 of Cr.P.C., she has not supported the prosecution case.
8. Be that as it may. As could be seen from the wound certificate, the complainant has suffered simple injuries and he was discharged from the hospital on 1/10/2018. The alleged offences are not punishable with death or imprisonment for life. In the circumstances, petitioner/accused is entitled to be released on bail.
9. Accordingly, the petition is allowed.
Petitioner/accused is ordered to be released on anticipatory bail in the event of his arrest in Crime No. 90/2018 of B.E.M.L Nagar Police Station, K.G.F, on the following conditions;
i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) Petitioner shall surrender before the Investigating Agency within 15 days from today.
iii) Petitioner shall mark his attendance once in a month i.e. on every 1st between 10.00 a.m. to 5.00 p.m., before the concerned police station till the charge sheet is filed.
iv) Petitioner shall not tamper with the prosecution evidence in any manner directly or indirectly.
v) Petitioner shall not leave the jurisdiction of the Court without prior permission.
vi) Petitioner shall co-operate with the investigation officer for interrogation.
Sd/- JUDGE Msu