IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6492/2019 BETWEEN:
Tippu @ Shafi S/o. Late Rakeeb @ Siraj Aged about 29 years R/at. ‘B’ Block, Haggade Colony 13th Cross, P.H. Colony, Tumakuru Town Tumakuru District – 572 101.
…Petitioner (By Sri. Mohamed Ummar Farooq, Advocate) AND:
State by Thilak Park Police Station Tumakuru Represented by State Public Prosecutor, High Court Building, Bengaluru-560 001.
... Respondent (By Sri. Rohith B. J., HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in the event of his arrest in Cr.No.70/2018 of Thilak Park Police Station, Tumakuru, for the offences punishable under Section 323, 307, 504, 506 read with 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. The petitioner is arraigned as accused No.3 in Crime No. 70/2018 of Thilak Park Police Station, Tumakuru. Later charge sheet has been filed for the offence under Sections 323, 307, 504, 506 read with Section 34 of IPC.
3. The brief facts of the prosecution case is that, on 06.04.2018 at about 12.30 p.m. in the afternoon, all the accused persons were standing near 10th Cross, Basappa Depot, Tumakuru town. They were all teasing the women folk who were passing through the said road. This was questioned by the complainant. At that time, the accused persons have assaulted him with their hands and particularly, accused No.1 – Rabban has assaulted with a knife on his right index finger. The complainant has taken treatment in the Government Hospital. There is no allegation whatsoever, so far as this petitioner – accused No.3 is concerned and whether he had any intention to assault the complainant and he has knowledge that the said accused No.1 had a knife and there was any motive. Therefore, the offences under Sections 323, 307, 504, 506 read with 34 of IPC have to be proved during the course of trial. However, considering the facts of the case, in my opinion, the petitioner – accused No.3 is entitled to be enlarged on bail. Hence, the following :
O R D E R The petition is allowed. Consequently, the petitioner (accused No.3) shall be released on bail in the event of his arrest in connection with Cr.No.70/2018 of Thilak Park Police station, Tumakuru, for the offences punishable under Sections 323, 307, 504, 506 read with Section 34 of IPC subject to the following conditions:-
i) The petitioner shall surrender himself before the trial Court in C.C. No. 5909/2018 on the file of the III Additional Civil Judge (Jr.Dn.) and JMFC Court, Tumakuru, within ten days from the date of receipt of a certified copy of this order and shall execute his personal bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with one surety for the like-sum to the satisfaction of the trial Court.
ii) The petitioner shall not indulge in hampering the investigation and tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates as and when he is summoned by the trial Court.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the trial Court, till the case registered against him is disposed of.
Sd/- JUDGE mgn/-