IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7150/2018 Between:
Mohammedali, Aged about 34 years, S/o Hussainabba, R/a 3-383-1, Shabeen Manzil, Santhosh Nagara, Munnur, Mangalore – 575 003. ...Petitioner (By Sri.Nataraja Ballal, Advocate) And:
State of Karnataka, By Ullala P.S., Mangalore, D.K. District. Represented by State Public Prosecutor, High Court Building, Bangalore – 560 001. ...Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.172/2018 of Ullal Police Station, Mangalore City for the offences P/U/S 504, 341, 506, 307 read with 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 is filed by the petitioner – accused No.2 under Section 438 of Cr.P.C. to enlarge him on bail in Crime No.172/2018 of Ullal Police Station for the offences punishable under Sections 504, 341, 506 and 307 read with Section 34 of IPC.
2. I have heard the learned counsel appearing for the petitioner and learned HCGP appearing for the respondent – State.
3. The genesis of the complaint are that on 01.08.2018 at about 10.45 a.m. when the complainant was waiting for passengers by parking his auto in auto parking place at Kuttar, Munnur village, the accused came to him and started abusing him in filthy language and by taking out a knife started threatening him stating that he is going to kill him and also attempted to kill by stabbing him. When he tried to escape from being stabbed with knife, he suffered injury over his right abdomen. Due to fear, he started shouting with loud voice and started running away from the spot. At that time, the accused chased him to a considerable distance and thereafter, by abusing him in a filthy language threatened him stating that he will not allow him to live and he will kill him. When the complainant was on the way to the police Station to lodge the complaint, at that time, accused No.2 restrained him wrongfully and gave him life threat by stating that he will be killed if he proceed to lodge the complaint. On the basis of the said complaint, case has been registered.
4. It is the submission of the learned counsel for the petitioner that already accused No.1 has been released on bail and on the ground of parity accused No.2 is also entitled to be released on bail. He further submitted that no injuries has been suffered by the complainant. The alleged offences are not punishable with death or imprisonment for life. He further submitted that the only allegation which is against the accused petitioner is that he had threatened the complainant that if he goes and lodge the complaint, his life will be at risk. He is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. 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 petitioner-accused No.2 is absconding and is not available for the investigation and interrogation. He further submitted that he along with accused No.1 have tried to take away the life of the complainant. He further submitted that if the petitioner-accused No.2 is enlarged on bail, he may abscond and may not be available for trail. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and perused the records.
7. On perusal of the contents of the complaint and other materials it discloses the fact that accused No.1 had tried to assault the complainant with knife and at that time, he caused some injuries on the right abdomen of the complainant. When the complainant was proceeding towards the police Station for lodging the complaint, at that time, petitioner – accused No.2 wrongly restrained and gave him life threat stating that if he is going to lodge the complaint, he will be killed if he proceed to lodge the complaint. Except that no other allegations are made against the petitioner. Be that as it may. It is submitted that already the injured has been discharged from the hospital and accused No.1 has also been released on regular bail by the Court below. Hence, I feel that by imposing some stringent conditions, if the petitioner/accused No.2 is enlarged on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioner/accused No.2 is enlarged on anticipatory bail in the event of his arrest in Crime No.172/2018 of Ullal Police Station for the offences punishable under Sections 504, 341, 506 and 307 read with Section 34 of IPC, subject to the following conditions:
1. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Agency.
2. He shall surrender before the Investigation Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission.
5. He shall not involve in any similar type of criminal offences till the trial is concluded.
Sd/- JUDGE VMB