IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.5147 of 2019 BETWEEN:
SRI UMESH, S/O. SANGAPPA, AGED ABOUT 30 YEARS, RESIDING AT HORITHIMMANAHALLI VILLAGE, KADUR TALUK, CHIKMANGALURU DISTRICT, KADUR - 577 548.
(BY SMT. SHRIDEVI BHOSALE, ADVOCATE FOR SRI AMAR CORREA, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY BIRUR POLICE STATION, CHIKMANGALURU DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
(BY SRI K.P. YOGANNA, 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.35 of 2019 OF BIRUR POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 325, 504, 506 AND 307 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 learned High Court Government Pleader appearing for the respondent-State. Perused the records.
2. The allegations made against the petitioner, who is arraigned as accused No.1 is that, on 06.04.2019, at about 5.00 p.m., the petitioner started abusing the complainant and others when they were sitting in an open site near B.Kodihalli and having liquor. When the complainant and his friend Teju questioned the accused, it is alleged that the accused bit the right ear of Teju and also took up a Beer bottle and assaulted on the head of the complainant. In that context, it is also stated that the complainant also took a Beer bottle and inflicted injuries on the stomach of the petitioner herein.
3. Learned High Court Government Pleader has produced the wound certificate of the complainant and the said Teju. They have not suffered any visible injuries, but laceration over right Pinna, which is simple in nature and abrasion present over the left index finger and left parietal region. These injuries were also simple in nature insofar as the complainant is concerned. On the other hand, the petitioner has also suffered injuries, which were also simple in nature.
4. Looking to the above said facts and circumstances, it appears that there was a quarrel between two groups and in that context, they all have suffered simple injuries. There is no threat of life to anybody.
5. Under the above said circumstances, the petition deserves to be allowed. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.35/2019 of Birur Police Station, Chikkamagaluru, on following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the 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 District jurisdiction 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 15 days ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
In view of disposal of the petition on merits, I.A.No.1/2017 does not survive for consideration. Hence, the same is dismissed.
Sd/- JUDGE mv