IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6650/2019 BETWEEN SYED UMAR FAROOQ AGED 30 YEARS, S/O. SARDAR PASHA, R/AT NO.10, 8TH A MAIN, NEW GURAPPANAPALYA, BENGALURU SOUTH, DHARMARAM COLLEGE, BENGALURU-560029.
...PETITIONER (BY SRI CHANDRAHASA RAI B, ADVOCATE) AND THE STATE OF KARNATAKA BY SUDDAGUNTEPALYA POLICE STATION, BENGALURU CITY, REPT. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001.
(BY SRI ROHITH B J,HCGP) RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.327/2018 (S.C. NO.699/2019) OF SUDDAGUNTEPALYA P.S., BENGALURU CITY FOR THE OFFENCE P/U/S 307,506 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER The chargesheet filed by the respondent- Police against the petitioner in S.C.No.699/2019 discloses that the police have completed the investigation for the offence under Section 307 of IPC. The chargesheet further discloses that the complainant’s younger sister is none other than the former wife of the petitioner. They were separated by means of a divorce (by way of talaq). Afterwards the family members of CW-2 were making arrangements to perform the marriage of CW-2. In that context, the accused-petitioner was threatening CW2 and her family members that he will not allow them to perform the second marriage of CW-2.
2. In this context, it is alleged that on 13.11.2018 at about 6.30 p.m., at BTM I Stage, 8th Cross, the accused has assaulted CW2 with a chopper on her head, hand etc. She suffered severe injuries and was admitted to the Hospital. The chargesheet also discloses that the victim has already been discharged from the Hospital and she has only suffered fracture of ulna. Except that no other injuries are forthcoming. The said part of the body is not a vital part. Therefore, during the course of trial, it is to be proved that the assault made by the accused was with an intention to do away with the life of the said lady. Though there are allegations that assault was on the head and ear of the victim, the injuries are to be proved during the course of full dressed trial that they are fatal in nature, as the victim had already been discharged from the Hospital on 14.11.2018. From 16.11.2018, the petitioner has been in judicial custody and chargesheet has already been filed and he is no more required for further investigation.
3. Looking to the nature of the allegations and in the facts and circumstances of the case and the wound certificate, in my opinion, the petitioner is entitled to be enlarged on bail on stringent conditions. Hence the following:
ORDER The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with S.C.No.699/2019 on the file of XLV Addl. City Civil & Sessions Judge, Bengaluru City (Crime No.327/2018 of Suddaguntepalya Police Station) registered for the offence punishable under Section 307 of Indian Penal Code, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against him is disposed of.
JT/-
Sd/- JUDGE