IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE K. NATARAJAN CRIMINAL PETITION No.305 OF 2019 BETWEEN:
Babu, S/o late Varadharaju, Aged about 45 years, Residing at # 53, 2nd Cross, A. K. Colony, Dodda Banasavadi, Bengaluru - 560 050. …Petitioner (By Sri. Mohana Kumar D., Advocate For Sri. M. Krishnegowda, Advocate) AND The State of Karnataka State by Ramamurthynagar P.S., High Court Govt Pleader, High Court of Karnataka, Bengaluru - 560 001.
(By Smt. Namitha Mahesh B.G., HCGP) …Respondent This criminal petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Cr.No.379/2018 of Ramamurthy Nagar Police Station, Bengaluru City for the offences punishable under Sections 307 and 504 of IPC.
This Criminal petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner-accused to enlarge him on bail in Cr.No.379/2018 registered by Ramamurthy Nagar Police Station for the offences punishable under Section 307 and 504 of IPC.
2. The allegations against the petitioner is that on 12.08.2018 at 6.30 pm, the mother of the complainant was in front of the BSNL office, the petitioner-accused attacked the victim and stabbed with an intention to kill her. She sustained grievous injuries. Petitioner was arrested on 13.08.2018 and he is in judicial custody since 5 months.
3. Learned counsel for the petitioner submits that respondent-police have completed the investigation and filed the charge-sheet. Hence, the petitioner in judicial custody is no more required. Matter is committed to Sessions Court. Complainant is discharged from hospital and she is out of danger.
Petitioner is ready to abide by any of the conditions that may be imposed by this Court. Hence, prays for allowing the petition.
4. Per contra, learned HCGP appearing for the respondent-State submits that alleged offence is under Section 307 of IPC. Accused assaulted the complainant when she refused for sexual favour and injured is still in the hospital and under treatment. Hence, prays for dismissal of the petition.
5. Heard the learned counsel appearing for the petitioner and learned HCGP appearing for the respondent-State. Alleged offence is under Section 307 of IPC. Petitioner has been arrested on 13.08.2018 and till today he is in judicial custody. Injured might be out of danger but there is no record to show that she is in hospital and taking treatment. The chargesheet is already filed and he is not required for any investigation. Therefore, considering the factual circumstances, by imposing stringent conditions, petitioner may be enlarged on bail and it would not cause any prejudice to the prosecution case.
6. Accordingly, the criminal petition is allowed.
The petitioner-accused is ordered to be released on bail, in Crime No.379/2018 of Ramamurthy Nagar Police Station for the offences punishable under Sections 307 and 504 of IPC, subject to the following conditions:-
(i) Petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Rupees only) with two sureties for the likesum to the satisfaction of the trial Court or Committal Court;
(ii)Petitioner shall not tamper with the prosecution witnesses directly or indirectly;
(iii) Petitioner shall not indulge in similar offences strictly;
(iv) Petitioner shall mark his attendance fortnightly before the Investigating Officer i.e. on 1st and 16th of every calendar month till the commencement of the trial before the Sessions Court.
SD/- JUDGE SB