IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.3119 OF 2019 Between:
Swamy, S/o Venkataiah, Aged about 58 years, Mallakuppe Village, Athaguru Hobli, Maddur Taluk, Mandya-571 428 (By Sri. C.N.Raju, Advocate) And:
State by Karegodu Police, Mandya, Represented by Special Public Prosecutor, High Court of Karnataka Bengaluru-560 001.
(By Sri.I.S.Pramod Chandra, SPP-II) … Petitioner ... Respondent This Criminal petition filed under Section 439 of Cr.P.C, praying to enlarge the petitioner on bail in Crime No.42/2019 of Karegodu police Station, Mandya District for the offence punishable under Section 307, 114 read with Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER The petitioner is arraigned as accused No.2 in Crime No.42/2019 of Keragodu Police Station registered for the offences punishable under Sections 307, 114 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and learned SPP-2 representing the respondent-State.
3. On 30.03.2019 at about 2.00 p.m, a complaint came to be lodged by one Smt.Savithramma, the mother of the injured-Rajesh. Allegations are that due to previous enmity, accused No.1-Shivaraja assaulted the son of the complainant Rajesh with knife below the left shoulder near the chest and caused bleeding injuries. The said Rajesh was immediately shifted to District hospital, Mandya and from there he was shifted to K.R.Hospital, Mysuru and from there to St.Joseph hospital, Mysuru, for further treatment. It is alleged that the petitioner is the uncle of accused No.1 and the aforesaid offence was committed by accused No.1 at the instance of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and not committed any offence. He submits that the present petitioner was not at all present at the spot when the incident took place and a false case has been registered against him.
5. Learned SPP-2 for respondent-State submits that the case is still under investigation and the injured has sustained grievous injuries. Accused No.1 has attempted to commit murder of Rajesh at the instigation of present petitioner. Accordingly, seeks to dismiss the petition.
6. Perusal of the complaint goes to show that present petitioner was not present at the spot. Allegation against the petitioner is that he instigated accused No.1 to commit the offence. The truth or otherwise of the allegations have to be established during the course of investigation as well as during the trial.
7. At this stage, I am of the view that the petitioner may be enlarged on bail by imposing conditions. Accordingly, I pass the following:-
ORDER 1. Criminal petition is allowed.
2. Petitioner-accused No.2 shall be enlarged on bail subject to executing a personal bond for a sum of Rs.50,000/-(Rupees Fifty Thousand only) with two sureties for the likesum to the satisfaction of the trial Court/committal Court.
3. He shall not tamper with the prosecution witnesses in any manner.
4. He shall mark his attendance before the jurisdictional police station on every Sunday between 10.00 am and 5.00 pm till filing of charge sheet..
5. He shall co-operate with the investigation of the case.
6. He shall be regular in attending the Court proceedings.
Sd/- JUDGE ag