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.7879/2019 BETWEEN:
SRINIVASA K.T. @ SEENA @ LAGGERE SEENA, S/O. THIMMEGOWDA, AGED ABOUT 37 YEARS, RESIDING AT PRAKASH BUILDING, LAKE ROAD, RAGHAVENDRA LAYOUT, GANGONDANAHALLI, MADANAYAKANAHALLI, BENGALURU-562 162.
PERMANENT RESIDENT OF DODDAKALLAHALLI VILLAGE, HOLAGEREPURA POST, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT-572 101. ... PETITIONER [BY SRI. V.G.TIGADI, ADVOCATE FOR SRI. RAMESH H.N., ADVOCATE] AND:
THE STATE OF KARNATAKA, BY PEENYA POLICE STATION, REP. BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, 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.225/2019 OF PEENYA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 307, 332 AND 353 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 the sole accused in Crime No.225/2019 of Peenya P.S., Bengaluru for the offence under Sections 307, 332 and 353 of IPC and after the thorough investigation, the Police have already filed a charge sheet against the petitioner for the said offences, on the file of the XLV Additional Chief Metropolitan Magistrate, Bengaluru City.
3. The brief facts of the case are that;
On 04.07.2019, the respondent/Police along with other Police personnel having come to know that the petitioner, who is accused in connection with Crime No.52/2019 for the offence under Sections 302, 307 r/w. 34 of IPC was wandering around Thippenahalli. After receiving the said information, the Police went to the said place and particularly, when the petitioner was proceeding near Gangondanahalli Main Road, they intercepted his way and tried to catch him. In that context, it is alleged that the petitioner started running towards Eucalyptus Grove. The Police chased him and at that time, it is alleged that the petitioner opened his knife and tried to assault the Police Personnel who were coming to catch him. In this context, it is alleged that one Head Constable viz., Sunil has sustained injuries to his right hand. In spite of warnings given by the Police, the petitioner did not mend his conduct and therefore, the Police have shot at the petitioner with their service revolver, which caused injuries to his leg. Thereafter, the petitioner was arrested and admitted to a hospital. On the basis of that, the Police have investigated the matter and submitted the charge-sheet.
4. The accused/petitioner was arrested on 04.07.2019 and since then he is in judicial custody. Whether the above said act attracts Section 307 of IPC or any other penal provisions has to be tested during the course of full fledged trial. Under the above said facts and circumstances, considering the nature of the allegations and the incarceration of the petitioner who is in judicial custody since 04.07.2019, as the charge-sheet has already been filed and the said Head Constable Sunil has sustained simple injuries, in my opinion the petitioner is entitled to be enlarged on bail, particularly under Section 439 of Cr.P.C with conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.225/2019 of Peenya P.S., Bengaluru for the offence under Sections 307, 332 and 353 of IPC., on the file of the XLV Additional Chief Metropolitan Magistrate, Bengaluru City, 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 two sureties for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering 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 off.
Sd/- JUDGE Ksm*