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.3116/2019 Between:
Sumear Alias Sameer S/o. Imthiyaaz Pasha, Aged about 20 years, Residing at No.109, 5th Main Road, 10th Cross, Pillareddy Nagar, Banasawadi Nagar, Bengaluru-560 043. …Petitioner (By Sri. C.N. Raju, Advocate) And:
State by Sulibele Police, Bengaluru.
Represented by SPP, High Court of Karnataka at Bengaluru.
Pin Code No.560 001. …Respondent (By Sri. I.S. Pramod Chandra, SPP-II) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure praying to enlarge the petitioner on bail in Crime No.7/2019 of Sulibele Police Station, Bengaluru District for the offences punishable under Sections 307, 504, 120B read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER This petition is by accused No.1 in Cr.No.7/2019 of Sulibele police station registered for the offences punishable under Sections 504 and 307 of IPC. After completion of the investigation, charge sheet has been filed against three accused persons for the offences punishable under Sections 504, 307 and 120(b) read with Section 34 of IPC.
2. I have heard the learned counsel appearing for the petitioner and the learned SPP-II appearing for the respondent-State.
3. One Syed Zia (CW-2) is the injured. The complainant is his paternal uncle. The accused- petitioner is the relative of accused No.3 i.e., the wife of Syed Zia. The allegations are that the accused was frequently calling the wife of the injured/CW-2 and on coming to know about the same, the injured advised the petitioner not to contact his wife. In view of the said enmity, on 27.01.2019, the accused/petitioner called CW-2 over telephone saying that he had some bar- bending work and he should come to the garden on the backside of his house. When CW-2-injured went there, at about 8.30 p.m., the accused-petitioner is said to have questioned him for suspecting his telephonic calls with accused No.3 i.e., wife of the injured and he also abused him in vulgar language and took out the knife and stabbed him on his neck, hand and on his back. The other accused, accused No.2 is said to have assaulted CW-2 with an iron rod on his head. Thereafter, when the injured CW-2 started screaming, the complainant and his sister-in-law Mubarak (CW-9) came to the spot. On seeing them, the accused persons ran away from there.
4. Learned counsel for the petitioner submits that a sudden quarrel has ensued and there is an inordinate delay in lodging the complaint. The accused and the victim are relatives. He submits that the injured has already been discharged from the hospital. He further submits that the petitioner is ready to abide by any reasonable conditions which this Court may deem fit to impose. Accordingly, he seeks to allow the petition.
5. Per contra, learned SPP-II appearing for the respondent-State vehemently opposed grant of bail to the petitioner and sought to dismiss the petition.
6. The wound certificate discloses that the injured has sustained six injuries, among which injury No.5 is grievous in nature. However, the investigation has been completed and the charge sheet has been filed. Injured is said to have been discharged from the hospital. The weapons used in the commission of the offence have been recovered.
7. Considering the entire facts and circumstances of the case, I am of the view that the petitioner may be enlarged on bail. Accordingly, I pass the following:-
ORDER 1. The petition is allowed;
2. The petitioner shall be enlarged on bail subject to executing 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 trial/committal Court;
3. The petitioner shall not tamper with the prosecution witnesses and he shall not hamper the prosecution case in any manner; and 4. The petitioner shall be regular in attending the Court proceedings.
Sd/- JUDGE SJK