IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 2095/2019 Between:
Sunil M.H., S/o Sri Hucheeregowda, Aged about 24 years, Resident of Mullahalli Village, Uyyamballi Hobli, Kanakapura Taluk, Ramanagara District – 571 123. … Petitioner (By Sri. G.M. Srinivasareddy, Advocate) And:
State of Karnataka, R/by Kodihalli Police Station, Kanakapura Taluk, Through State Public Prosecutor, High Court Building, Bengaluru – 560 001. …Respondent (By Sri. S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.145/2018 (C.C. No.1/2019) of Kodihalli P.S., Ramanagara District for the offences p/u/s 302 and 307 of IPC This Criminal Petition coming on for orders this day, the Court, made the following:
ORDER Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.145/2018 for the offences punishable under Sections 302 and 307 of IPC.
2. The case of the prosecution is that the complainant is stated to have advanced a loan to the accused and as such amount was not repaid and the complainant was making demands for repayment. It is stated that the accused had called the complainant and asked him to come near ‘Arali Mara Circle’. It is stated that there was an altercation at the spot of the meeting and the accused took a knife from his pocket and is alleged to have assaulted the complainant. The complainant was said to have been injured while obstructing the assault. It is stated that the complainant’s father came to the spot where the altercation took place and while he attempted to intervene, the accused is alleged to have stabbed the deceased on the abdomen. The father of the complainant succumbed to injuries and died. In the altercation, complainant and his brother were injured. After lodging of the complaint, FIR was registered, investigation is complete and charge sheet has been filed.
3. Learned counsel for the petitioner contends that the injury on the deceased was only one stab injury on the abdomen which ought to be taken note of. It is further submitted that proof of offence is a matter to be established during trial. It is submitted that there are no criminal antecedents and as the petitioner is said to have been in custody since 03.10.2018, petitioner is entitled to be enlarged on bail.
4. Learned High Court Government Pleader contends that the incident is a ghastly incident and opposes grant of bail.
5. Taking note of the fact that there is only one stab injury by the accused on the deceased, question of proof of commission of offence with intention is a matter to be established during trial.
6. Learned counsel for the petitioner has submitted that there was no intention as such and the nature of injury being on the abdomen, case of an offence punishable under Section 302 of IPC is not made out. Proof of offence is a matter to be established during trial. Taking note of the above observations and also there was only one injury on the deceased and noting that there are no criminal antecedents, petitioner is entitled to be enlarged on bail.
7. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.145/2018 for the offences punishable under Sections 302 and 307 of IPC, subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP