IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.9703/2018 BETWEEN:
SRINIVASA N. & JJADU SEENA, S/O LATE NAGARAJ, AGED ABOUT 26 YEARS, RESIDING AT 1ST CROSS, INDIRANAGARA, BIDADI, RAMANAGARA TALUK, RAMANAGARA – 562 130.
(BY SRI B. LETHIF, ADVOCATE) AND:
THE STATE BY KUMBALAGODU POLICE STATION, BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001.
(BY SRI HONNAPPA, HCGP) …PETITIONER …RESPONDENT THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.147/2018 (C.C. NO.9553/2018) OF KUMBLAGODU P.S., RAMANAGARA DISTRICT FOR THE OFFENCES P/U/S 341, 307, 34 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 High Court Government Pleader. Perused the records.
2. The factual matrix of this case as per the charge sheet are that on 16.08.2018 at about 9.00 p.m. in Hosapalya village within the jurisdiction of Kumbalagodu Police, the complainant – C.W.2 who is the son of C.W.1 had been to collect rents from his tenants, particularly, C.W.5. At that time, accused Nos. 1 to 3 suddenly came there and they started quarrelling with C.W.2. and infact, accused Nos. 2 and 3 have caught hold of C.W.2 and accused No.1 has assaulted with a beer bottle on the stomach of C.W.2. C.W.2 has sustained grievous injuries, admitted to the hospital and thereafter he is discharged from the hospital.
3. At present, there is no apprehension of danger of life so far as the injured is concerned. Further, added to the above, on perusal of the above said material, the incident appears to have been preceded with a quarrel between C.W.2 and accused Nos. 1 to 3. Therefore, with what intention the said assault was made and whether accused Nos. 1 to 3 have really intended to do away with the life of C.W.2, have to be thrashed out during the course of trial.
4. Learned counsel has also produced the wound certificate which also shows that C.W.2 has sustained grievous injury to his stomach. Looking into the above said facts and circumstance and also incarceration of accused No.1 in jail for more than one year, I feel it just and necessary to enlarge the petitioner on bail so far as this case is concerned since other cases are also pending against the petitioner.
5. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in C.C.No.9553/2018 on the file of the learned II Additional Chief Judicial Magistrate, Bangalore Rural District, Bangalore, registered against him for the offences punishable under Sections 341, 307 and 34 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with Two sureties for the like-sum 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 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 VP