IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF JANUARY 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL PETITION NO.9278/2018 BETWEEN:
TOWFIK ULLA KHAN, AGED 52 YEARS, S/O. J. AMEER KHAN, R/AT JAIPURA MAIN ROAD, PRASANNA KUMAR LAYOUT, TUMAKURU-572102.
(BY SRI. CHANDRAHASA RAI B., ADVOCATE) AND:
THE STATE OF KARNATAKA BY TILAK PARK POLICE STATION, TUMAKURU, REPT BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001.
(BY SRI. K.P. YOGANNA, HCGP.,) …PETITIONER ...RESPONDENT THIS PETITION IS FILED UNDER SECTION 439 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.118/2018 OF THILAK PARK POLICE STATION, TUMAKURU FOR TE OFFENCE PUNISHABLE UNDER SECTIONS 324, 143, 147, 148, 323, 307, 504, 506, 149 OF IPC AND ETC., THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The present petition has been filed by accused No.1 under Section 439 of Cr.P.C. to release him on bail in Crime No.118/2018 of Thilak Park Police Station, Tumkur for the offence punishable under Sections 324, 143, 147, 148, 323, 307, 504, 506, 149 of IPC.
2. I have heard the learned counsel appearing for the petitioner and learned HCGP appearing for the respondent – State.
3. The gist of the complaint is that on 24.09.2018 at about 11.00 p.m. the statement of the injured was recorded in the Hospital. In the statement she has deposed that she has got assaulted by accused No.1. She further stated that accused No.1 came to her house and told her that the petitioner is interested in giving his daughter in marriage to the her son who is working at Soudiarabia. But she told that she would consult her son and she will accept his daughter if her son agrees to marry his daughter. After few months, her son came to India and after seeing the daughter of petitioner-accused No.1, he refused to marry her. Being annoyed by the said act, on 24.09.2018, in the evening the petitioner – accused No.1 came to complainant’s house and quarreled with her and at that time accused No.1 stabbed her right side chest with knife and other accused assaulted her. Immediately she was taken to the hospital and a complaint was registered.
4. It is submitted that complainant is innocent.
She has only stated what her son stated that he is not willing to marry the daughter of the accused No.1- petitioner. He further submitted that already charge sheet is filed and injured has been discharged from the hospital. She is out of danger. He further stated that other accused persons have been already released and bail has been granted by the District Court. Hence, on the ground of parity petitioner is also entitled to release on bail. He further submitted that he is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.1 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner-accused No.1 who stabbed the complainant with knife and caused serious injury. If the accused is enlarged on bail, he may tamper with the prosecution evidence and he may abscond and may not be available for trail. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel appearing for the petitioner and learned counsel appearing for respondent – State.
7. As could be seen from the records that there was a proposal by petitioner-accused No.1 to take his daughter in marriage and that thereafter being annoyed that he assaulted the complainant, that is a matter which has to be considered and appreciated in the trial. As could be seen from the records, the alleged offence is not punishable with death or imprisonment for life. The injured has been discharged from the hospital and she is out of danger and other accused have also been released on bail. On the ground of parity, the petitioner-accused No.1 is entitled to release on bail. No doubt, learned HCGP submitted that accused may abscond and he may not be available for trial. The said interest can be protected by imposing stringent conditions.
8. Taking into consideration the above facts and circumstances, petition is allowed and the petitioner - accused No.1 is ordered to be released on bail in Crime No.118/2018 of Tilak Park Police Station, Tumkuru for the offences punishable under Sections 324, 143, 147, 148, 323, 307, 504, 506, 149 of IPC subject to following conditions:
1. Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall be regular in attending the Court on all the dates of hearing.
4. He shall not leave the jurisdiction of the Court without prior permission.
Sd/-
JUDGE BS