IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1877/2019 BETWEEN:
Yarab Baig, S/o Afroz Baig, Aged about 25 years, Fruit Business, Native of Mugabal, Hosakote Taluk, Residing at Near Gokul Dairy, Kanaka Nagar, Hosakote Town.
Also Residing at:
Gangamma Gudi Road, V.V. Extension, Hosakote – 562 114, Bangalore Rural District. ... Petitioner (By Sri. A.S. Kulkarni, Advocate) AND:
The State of Karnataka, By Hosakote Police Statin, Bangalore Rural District – 562 114.
Rep. by State Public Prosecutor, High Court Buildings, High Court of Karnataka, Bangalore – 560 001. ... Respondent (By Sri S. Rachaiah, HCGP) This Criminal Petition is filed under Section 439 of the Code of Criminal Procedure, praying to enlarge the petitioner on bail in Cr.No.29/2019 of Hosakote Police Station, Bengaluru City for the offences p/u/s 307 and 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in connection with his detention pursuant to the proceedings in Crime No.29/2019 with respect to the offence punishable under Section 307 r/w 34 of IPC.
2. The case of the prosecution is that the petitioner/accused had obtained hand loan of Rs.5,000/- from the complainant and had not repaid the said amount. It is alleged that on 29.01.2019, at about 8.30 p.m., the accused had asked the complainant to come to his shop and collect the amount. When the complainant had gone to the shop of the accused to collect the amount, it is alleged that the accused had assaulted the complainant and inflicted injuries. In the light of the said incident, complaint was lodged, FIR registered, investigation is complete and charge sheet has been filed.
3. The learned counsel for petitioner states that the complainant has been discharged after hospitalization after two days and that proof of offence is a matter for trial. In the light of investigation having been completed, petitioner is entitled to be enlarged on bail.
4. Taking note of the fact that there are no criminal antecedents, that investigation is complete and charge sheet has been field and also noting that petitioner is in custody since 31.01.2019 and that there was underlying civil transaction, petitioner is entitled to be enlarged on bail. It is also to be noted that the present proceedings regarding grant of bail cannot be treated to be punitive in nature and that proof of offence is a matter for trial. Accordingly, the petitioner is entitled to be enlarged on bail subject to conditions.
5. In the result, the bail petition filed by the petitioner under Sec. 439 of Cr.P.C. is allowed and the petitioner is enlarged on bail in Crime No.29/2019 with respect to the offence punishable under Section 307 r/w 34 of IPC subject to the following conditions:
(i) The petitioner shall execute a personal bond of `1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall fully co-operate for the expeditious disposal of the trial.
(iii) The petitioner shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall not indulge in any criminal activities of like nature.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE Np/-