IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.73/2019 BETWEEN:
Sathish, S/o. Chandregowda, Aged about 32 years, R/o. Kundra Village, Mudigere Taluk, Chikkamagaluru District, 577101. ...Petitioner (By Sri. Girish.B.Baladare, Advocate) AND:
State of Karnataka, By Sakaleshapura Police, Represented by Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Sri. K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Cr.No.141/2018 registered by Sakaleshpura Rural Police Station, Hassan for the offence p/u/ss 324, 448 and 307 r/w 34 of IPC..
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.2 under Section 439 of Cr.P.C., seeking his release on bail in Crime No.141/2018 of Sakaleshpura Police Station for the offences punishable under Sections 324, 448 and 307 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 15.04.2018 at about 10.00 p.m., the complainant and his wife were alone in their home and when the wife of the complainant had been to bathroom to take bath, the complainant had closed the front door and came back to hall. Suddenly, the U.P.S. was switched off and somebody covered with mask on his face, who was dwarf and well built and came from backside of the complainant and made the complainant to fall on the floor and assaulted at his ear and nose and caused bleeding injuries and caught hold his neck firmly with an intention to cause asphyxia and made an attempt to murder him. When the complainant has screamed due to the pain, his wife came and asked the complainant to take the gun. The persons, who has caught hold the complainant fled away from the hind door after hearing the screaming sound of the complainant’s wife. On the basis of the complaint, a case came to be registered.
4. It is the submission of the learned counsel for the petitioner that the name of the petitioner/accused No.2 has been included only after the further statement of the complainant, which came to be recorded after four months of the alleged incident. It is further submitted that injuries which are suffered is simple in nature and the complainant is out of danger. Further it is submitted that in all other cases, the accused petitioner had been released on bail and now, the accused petitioner is only in custody in this case. He is ready to abide by the conditions imposed on him by this Court and ready to offer surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the material clearly go to show that the accused petitioners had an intention to suffocate and kill the complainant by entering their house and also the accused petitioner is one of the member of the said group. It is further submitted that the accused petitioner is having a criminal background and further it is submitted that if he is released on bail, he may again indulge in similar type of activities. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced along with the petition.
7. The contents of the complaint and other material reveals that the case was registered against accused No.1 alone thereafter, statement of the complainant was recorded after four months, at that time the name of petitioner/accused No.2 has been included and even as could be seen from the wound certificate of Craford General Hospital, Sakaleshpura, the injuries sustained by the complainant are simple in nature and he has already been discharged from the hospital and he is out of danger. Whether the accused petitioner is involved in the alleged crime or not? is a matter which has to be considered and appreciated at the time of trial. The alleged offences are not punishable with death or imprisonment for life, in that light, petition is allowed.
8. Petitioner/accused No.2 is enlarged on bail in Crime No.141/2018 of Sakaleshpura Police Station for the offences punishable under Sections 324, 448 and 307 read with Section 34 of IPC subject to the following conditions:
1. Petitioner/accused No.2 shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not leave the jurisdiction of the Court without prior permission.
3. He shall mark his attendance once in a month i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., till the trial is concluded.
4. He shall not tamper with the prosecution evidence directly or indirectly.
5. He shall not indulge in similar type of criminal activities.
Sd/- JUDGE VBS