IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7915/2019 BETWEEN:
SRI. SURYA KUMAR @ SURYA, S/O. LATE PUTTASWAMY, AGED ABOUT 25 YEARS, R/AT 2499/1, 5TH CROSS, NEW KANTARAJA URS ROAD, K.G. KOPPALU, MYSORE-570 023. ... PETITIONER [BY SRI. SUDHARSHAN L., ADVOCATE] AND:
STATE BY KUVEMPUNAGAR POLICE STATION, MYSORE, REPRESENTED BY SPP HIGH COURT, BENGALURU-560 001. ... RESPONDENT [BY SRI. HONNAPPA., HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.38/2019 REGISTERED BY KUVEMPUNAGAR POLICE STATION, MYSURU FOR THE OFFENCE P/U/S 376D, 397, 307, 120B AND 201 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 petitioner is arraigned as accused No.2 in Crime No.38/2019 of Kuvempunagar P.S., Mysuru for the offence under Sections 376D, 397, 307, 120(B) and 201 of IPC on the file of the I Additional Civil Judge and JMFC., Mysuru.
3. The brief facts of the case are that;
The victim girl has lodged a complaint stating that she had been working in the Software office by name PB Solutions situated at Saraswathi Puram, 14th main road, Mysuru. She fell in love with Shivakumara-C.W.2 and he came in contact with Karthik Gowda, and he introduced another girl as his fiancée by name Anusha. They were chatting with each other often. On 12.04.2019, she joined Gupta Lodge as a Receptionist. She sustained some financial crisis. Therefore, she requested Karthik Gowda, for some loan and in fact through said Anusha an amount of Rs.2,000/- was received by her as loan. Karthik Gowda often started demanding the said amount. In this context, on 08.05.2019, he telephoned the complainant to pay back the said amount and C.W.2 along with Kum. Nethravathi went to the house of Karthik Gowda and found his house was locked. Thereafter, the victim girl and C.W.2 were returned. While returning, C.W.2 stopped the motorcycle near a ring road, as the complainant intended to attend to nature call. At that time, it is specifically alleged that about 4-6 persons came and attacked the victim- complainant, raped and assaulted her etc., On these allegations, the police have investigated the matter and filed the charge sheet.
4. On a careful perusal of the statement of the victim and C.W.2, the allegations made against the petitioner is that he was actually assaulted C.W.2 and caused severe injuries to his leg and other parts of the body. It is stated that accused No.2 had assaulted C.W.2 with a stick on his face, head and other parts of the body and other accused persons viz., accused Nos.3, 5 and 6 kicked C.W.2 with their legs and thereafter, accused Nos.4 to 6 dragged C.W.1 and committed rape on her as per the directions of accused No.2. Accused No.2 also threw a stone on C.W.2, but he escaped and the stone fell on his legs and caused grievous injuries. The injury certificate produced before the Court shows that C.W.2 has suffered two simple injuries and one grievous injury. The grievous injury was on the head. However, it is seen that C.W.2 has been discharged from the hospital and it appears that there is no threat to his life. Whether the said injuries are sufficient to cause the death of a person in the ordinary course and thereby accused No.4 directed to commit murder of C.W.2 has to be tested during the course of full fledged trial. As the offence is under Section 307 of IPC is punishable either with death or imprisonment for life and there is no allegation that this petitioner has committed rape on C.W.1 and accused No.1 has already released on bail and particularly, as the petitioner has been in judicial custody since six months, the trial may take sufficient time. Considering the incarceration of the petitioner and also the charge-sheet has already been filed, in my opinion, the petitioner is entitled to be enlarged on bail on conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.38/2019 [C.C.No.4507/2019] of Kuvempunagar Police Station, Mysuru on the file of the I Additional Civil Judge [Jr.Dn.] & JMFC., Mysuru registered for the offence punishable under Sections 376D, 397, 307, 120B and 201 of IPC., subject to the following conditions:
(i) The petitioner shall execute his 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 jurisdictional Court.
(ii) The petitioner shall not indulge in tampering with the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
Sd/- JUDGE Ksm*