IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.6823/2018 BETWEEN:
Waseem Pasha @ Wasim S/o Akram Pasha, Aged about 28 years, R/at No.4, 1st Main Road, 2nd Cross, Valmikinagar, Mysuru Road, Bengaluru-560 026. ... Petitioner (By Sri. M. P. Vishwanath, Adv.,) AND:
The State by Chamarajpet Police Station, Bengaluru.
Represented by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Smt. Namitha Mahesh B.G, HCGP) This Criminal Petition is filed u/s.438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.158/2018 of Chamarajpet Police Station, Bengaluru for the offence P/U/S 307 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner/accused under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.158/2018 of Chamarajpet Police Station for the offences punishable under Sections 307 of IPC.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 25.07.2018, the petitioner and the injured were doing welding work. The petitioner/accused is residing in the same locality and he is a known person to the complainant since several years. On 25.07.2018 at about 6.30 a.m., the complainant went out to have coffee, around 7.30 a.m., near 3rd Cross, S.K. Park, the petitioner/accused and one more person were having fun and soon, it turned to be a quarrel. The petitioner/accused allegedly abused the complainant, took a dragger and picked-up the quarrel, threatened and assaulted the complainant on back side of the head and caused the injuries. It is further alleged that when the complainant and others tried to prevent, at that time, both hands were also got injured. Immediately, he was taken in Autorickshaw and got treated in the hospital. Thereafter, a complaint has been registered.
4. It is the submission of the learned counsel for petitioner that the petitioner/accused and the complainant were close friends and the alleged incident has taken place when they were talking and doing the fun. There is no intention to cause any harm to the complainant. The alleged injuries suffered by the petitioner/accused are simple in nature and he has taken treatment in the Victoria Hospital as an out- patient and he is out of danger. Further it is submitted that the said matter has been amicable resolved between the elders and the alleged offences are not punishable with death or imprisonment for life. He is ready to abide by any conditions imposed on him by this Court and ready to offer the surety. On these grounds, he prayed to allow the petition and to release the petitioner/accused on anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused has assaulted the complainant with a dragger and has caused the grievous injuries. It is further submitted that the injuries were caused to the vital parts of the body of the injured that itself, clearly go to show that he was having an intention to cause the death of the complainant. If the petitioner/accused is released on bail, he may abscond and may not be available for investigation or interrogation. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. As could be seen from the contents of the complaint and other materials therein, it has been specifically contended that when the complainant and the accused were having morning coffee and were doing fun, the said fun turned into a quarrel. At that time, the petitioner/accused and the complainant abused each other. Accused took the dragger and assaulted the complainant under the said circumstance, the act has taken place. That itself clearly go to show that there was no intention to cause the death. Be that as it may. Even as could be seen from the Wound Certificate issued by the Victoria Hospital, the injuries suffered by the complainant is simple in nature and he has been treated as an out-patient and not got admitted. In the said facts and circumstance, I feel that even the provisions of Section 307 of IPC will not attract but it may attract Section 324 of IPC. The alleged offences are not punishable with death or imprisonment for life. Under such circumstance, I feel that by imposing some stringent conditions, if the petitioner/accused is released on bail, it is going to meet the ends of justice.
8. In the light of discussions held by me above, petition is allowed and the petitioner/accused is ordered to be released on anticipatory bail in the event of his arrest in Crime No.158/2018 of Chamarajpet Police Station for the offences punishable under Sections 307 of IPC subject to the following conditions:
1. Petitioner/accused 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 Investigating Officer.
2. He should surrender before the Investigating Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission 5. He shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station, till the charge sheet is filed.
6. He shall not indulge in similar type of criminal activities.
VBS Sd/- JUDGE