IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.5746/2019 BETWEEN DHANUSH AGED ABOUT 24 YEARS R/AT 2ND MAIN ROAD JAYARAJ ROAD ULSOOR NORTH ULSOOR BENGALURU – 560 008 ... PETITIONER (BY SRI. HEMANTH KUMAR D, ADVOCATE) AND THE STATE OF KARNATAKA BY HALASURU POLICE REP. BY THE PUBLIC PROSECUTOR HIGH COURT BUILDING AMBEDKAR VEEDHI BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.466/2018 REGISTERED BY HALASUR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/Ss. 341 AND 307 R/W 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 HCGP for the Respondent –State. Perused the records.
2. The petitioner is arraigned as Accused No.1 in Crime No.466/2018 of Halasur Police Station for the offence punishable under Sections 341 and 307 r/w 34 of IPC.
3. The facts of the case are that, on 25.12.2018 at about 10.30 pm., the complainant by name Kishor Kumar was proceeding to his house from his grand mother’s house and when he reached Good Shephered church Road, at that time, Accused Nos.1 & 2 and another person came in Honda Activa Motor Cycle and dashed against the complainant and thereafter, the complainant stared at them. In that context, it is alleged that this petitioner (A1) stabbed on the stomach of the complainant and also assaulted him on his face, with his hand.
4. During the course of investigation, the petitioner was arrested sent to judicial custody, which shows that he is no more required for any further investigation.
5. Learned HCGP furnished the wound certificate of the victim, which shows that he suffered a cut injury to his Umbilical Card and the said injury is stated to be simple in nature, as certified by the Doctor. It is stated that, there is no life threat to the complainant and he is out of danger.
6. In view of the above said facts and circumstances, the intention of the petitioner in assaulting the complainant and attempting to commit murder of the complainant, has to be established during the course of the trial in order to attract Section 307 of IPC. More over, the said offences alleged are not punishable either with the sentence of death or life imprisonment. Therefore, the petitioner is entitled to be enlarged on bail. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioner (A1)-Dhanush shall be released on bail in the event of his arrest in connection with Crime No.466/2018 of Halasur Police Station, Bengaluru City, for the alleged offences, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like- sum to the satisfaction of the concerned Investigating Officer ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of there months or till the charge sheet is filed, whichever is earlier.
KGR* Sd/-
JUDGE