IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO. 7325 OF 2019 BETWEEN:
SRI. VENKATANARASIMHACHAR S/O. LATE NARASIMHAMURHTY BHATTRU AGED ABOUT 62 YEARS, R/AT NO.8/111, 2ND CROSS, SYED ALI GARDEN, BHUPASANDRA, BENGALURU-94.
(BY SRI. RAVI KUMAR K.M., ADVOCATE) AND:
STATE BY SANJAYNAGAR POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001.
(BY SRI. ROHITH B.J., HCGP) ..PETITIONER ..RESPONDENT ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.128/2019 REGISTERED BY SANJAYNAGAR POLICE STATION, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 307 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent – State. Perused the records.
2. The petitioner is the sole accused in C.C.No.25433/2019 arising out of Crime No.128/2019 of Sanjay Nagar Police Station, Bengaluru for the offence punishable under section 307 of IPC., which is now pending on the file of Chief Metropolitan Magistrate Court, Bengaluru. Investigation is completed and charge sheet has already been filed.
3. The brief facts of the case are that the petitioner is no other than the husband of Smt.Usha, complainant aged 56 years. The petitioner is also aged 62 years. The petitioner is a retired person and after taking voluntary retirement from the Bank, he is receiving Rs.10,000/- as pension, but he has not been giving any amount to the family. He is addicted to vice habits. He often used to demand money from his wife. In this background, it is alleged that on 28.07.2019, at about 9.30 p.m., he asked her to execute a document in order to sell the house property. When she refused for the same on the ground that she has been discharging the loan out of the rent and also utilizing the rent for the purpose of family affairs, being enraged with the answer given by the wife, the petitioner assaulted her with a chopper on her head and left neck and she was admitted to the hospital.
4. Considering the nature of allegations and facts of the case, it is a dispute between the husband and wife. Learned counsel has produced the wound certificate of the said lady. The Doctor has opined that she has suffered only simple injuries. Whether the act of the accused would attract section 307 of IPC has to be tested during the course of a full dressed trial. In view of the simple injuries being sustained by the said lady, as the petitioner has already been arrested, interrogated and he has been in judicial custody and charge sheet is also filed, it indicates that the petitioner is no more required for any further investigation. Under the above facts and circumstances, the petitioner is entitled for grant of bail, subject to certain conditions. Hence, the following:-
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with C.C.No.25433/2019 arising out of Crime No.128/2019 of Sanjay Nagar Police Station, Bengaluru, for the alleged offence, now pending on the file of Chief Metropolitan Magistrate Court, Bengaluru, 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 Bsss.