IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7462/2017 BETWEEN:
Suresh Shetty S/o Late Thimmappa Shetty Aged about 37 years R/at Kurumana House Balthila Village Bantwal Taluk-575 113. ... PETITIONER (By Sri Vijayananda K, Adv. for Sri Manmohan P N, Adv.) AND:
State of Karnataka By Station House Officer Bantwal Town Police Station Bantwal, Dakshina Kannada-575 113. Represented by the State Public Prosecutor High Court of Karnataka Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr. No.155/2017 of Buntwala Town P.S., D.K., District for the offences P/U/Ss 504, 324, 323, 307, 153A read with Section 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused No.3 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail, in the event of his arrest for the offences punishable under Sections 504, 324, 323, 307, 153A r/w Section 34 of IPC registered in respondent police station Crime No.155/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.3 and also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint in the case on hand and also the materials placed on record pertaining to crime No.156/2017 and also the copy of FIR and complaint in the said case.
4. Looking to the materials on record it is seen that there is case and counter case between the parties. Looking to the time mentioned in the FIR, it is seen that the first incident is on the petitioner herein and thereafter, the incident in the present case has occurred. The contents of the complaint shows that when the complainant along with another person were going to the market by walk in order to purchase fruits and when they were near the Panama Fancy store accused No.1 came in a car and made an attempt to drive the car over the complainant and another. The other person who was with the complainant pulled the complainant. Therefore, the accident got avoided. Thereafter, accused No.1 Ratnakar shetty by parking the car by the side of the road came along with other accused persons holding Talwar and assaulted on the complainant. Though it was aimed at the neck of the complainant, as the complainant avoided the blow, it hit near his eye and there was injury.
5. The injured is discharged from the hospital.
Except the offence under Section 307 of IPC, all other offences are minor offences and the offences alleged are also not exclusively punishable with death or imprisonment for life. There is a counter complaint by the petitioner against the complainant and others. The main accused Ratnakar Shetty has been already released on bail. Hence, it is a fit case to exercise discretion in favour of the petitioner.
6. Accordingly, petition is allowed. The respondent-police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 504, 324, 323, 307, 153A r/w Section 34 of IPC registered in respondent police station Crime No.155/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.50,000/- and shall furnish one solvent surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE bkp