IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.2551/2019 BETWEEN:
Sunilkumar Mahantesh Merkhor S/o. Mahantesh Merkhor, Aged about 26 years, Occ: H R at Reliance Co., Residing at Abhigam Manzil Building, Jodi Bhavi Main Road, Rukmini Nagar, Nagasandra Post, Bengaluru-560 094. Permanent residence:
Guddor S B Post: Heerekodagali, Hilkal Hobli, Tq: Hungund, Dist.Bagalkot-58711. ... Petitioner (By Sri. M.M.Sangond, Advocate) AND:
State by Peenya Police Station, Bengaluru, Represented by its 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 Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in Cr.No.596/2018 of Peenya Police Station, Bengaluru City for the offences punishable under Sections 448, 427, 504, 506, 507 and 307 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner has filed this application under Section 439 of Cr.P.C seeking to be enlarged on bail in connection with the proceedings pending in Crime No.596/2018 with respect to the offences punishable under Sections 307, 448, 427, 504, 506 and 507 of IPC.
2. The relevant facts that are made out in respect to the incident is that the petitioner is stated to have come near the complainant’s house on 23.11.2018 at 12.30 AM and started throwing stones on the bulb and glass of the complainant’s house. When the complainant came out and attempted to catch the petitioner, it is stated that the petitioner stabbed the complainant with the knife. The petitioner was arrested and is in judicial custody since 24.11.2018.
3. It is to be noted that the investigation is complete and charge sheet has been filed.
4. The petitioner states that there was a financial transaction between the petitioner and the complainant’s wife of money lending. It is stated that in light of resistance from the complainant’s wife to repay the amount, the present case has been foisted.
5. Taking note of the fact that the investigation has been completed and that prima-facie even as per the statement of objections filed by the prosecution in Crl.Misc.No.2272/2019, there was an underlying financial transaction between the complainant’s wife and the petitioner, it would be appropriate to enlarge the petitioner on bail.
6. It is also to be noted that the petitioner states that though the complainant is said to have taken medical treatment, the allegation of offence under Section 307 of IPC is a matter to be proved in trial. It is to be noted that offences are not punishable by death or imprisonment for life.
7. Taking note of the above facts, the petition is allowed and the petitioner is enlarged on bail, subject to the following conditions:
(i) The petitioner is directed to execute a personal bond for a sum of `1,00,000/- (Rupees one Lakh only) with a surety for the likesum to the satisfaction of the concerned Court where the case in Crime No.596/2018 of Peenya Police Station is pending.
(ii) The petitioner shall not tamper with the prosecution witnesses.
(iii) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any Police Officer.
(iv) The petitioner shall not indulge in any criminal activities henceforth.
Sd/- JUDGE HA/GJM