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Karnataka High Court · body

2016 DIGILAW 933 (KAR)

Avesh Ramachandra Shinde v. State

2016-12-06

B.A.PATIL

body2016
ORDER : B.A. PATIL, J. 1. The present petition is filed by the petitioner/accused No. 1 under Section 438 of Cr.P.C. for grant of anticipatory bail in Crime No. 346/2016 of University Police Station, Kalaburagi, for the offences punishable under Sections 498-A, 504, 307 r/w Section 34 of Indian Penal Code. 2. Brief facts of the case are that, earlier to 04.10.2016, accused No. 1 use to ill-treat and harass the complainant, since she has given birth to two female children and she has not given birth to the male child and she also does not know how to cook food. The accused also threatened to perform the second marriage. On 04.10.2016, accused No. 1 came in a drunken condition and assaulted the complainant with stick. The complainant informed her parents about the ill-treatment and harassment of the accused. The parents of the complainant came to her house on 05.10.2016 at 1.00 p.m. and enquired with accused No. 1. At that time, accused No. 1 assaulted the father of the complainant with knife on the left side. Immediately, he was taken to Basaveshwar Hospital, Kalaburagi. On the basis of the complaint lodged by the complainant, a case was registered against the accused persons for the offences punishable under Sections 498-A, 504, 307 Read with Section 34 of Indian Penal Code. 3. Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State. 4. The main grounds urged by the learned counsel for the petitioner are that, the petitioner is innocent. He has been falsely implicated in this case. The petitioner is working as a lecturer in a private college. There is no likely hood of the petitioner being absconding. Even the allegations and the other documents do not attract the provisions of Section 307 of IPC. The injuries sustained by the father of the complainant are simple in nature. The parents of the petitioner have already been granted bail by the Sessions Court in Criminal Miscellaneous No. 1298/2016. It is further contended that he is a permanent resident of KHB Colony, Rajapur Road, Kalaburagi and he has got both movable and immovable properties. It is also submitted that the petitioner is ready to abide by the conditions imposed by this Court and ready to offer the surety. On these grounds, he prays for allowing the petition. 5. It is further contended that he is a permanent resident of KHB Colony, Rajapur Road, Kalaburagi and he has got both movable and immovable properties. It is also submitted that the petitioner is ready to abide by the conditions imposed by this Court and ready to offer the surety. On these grounds, he prays for allowing the petition. 5. On the contrary, the learned High Court Government Pleader vehemently argued contending that earlier the petitioner has been absconded and he was not available for investigation. The accused has harassed the complainant both mentally and physically and he has even attempted to murder the father of the complainant. The father of the complainant is still under the treatment. If at this juncture, if the petitioner is enlarged on bail, he may abscond and may not be available for trial. On these grounds, he prays for dismissal of the petition. 6. I have gone through the contents of the complaint, FIR and other material produced before this Court along with the petition. On going through the said records, even though the offences levelled against the petitioner are under Section 498-A and 307 of IPC, as could be seen from the complaint and the wound certificate issued by Casualty Medical Officer, District Hospital, Kalaburagi, it appears that the said injuries are simple in nature and the records also disclose that the injured has taken the treatment as an out patient. When that is the position of the injured, then under such circumstances, I feel that the injured is out of danger. The other offences which have been levelled against the petitioner are exclusively triable by the Court of Magistrate and are not punishable with death or imprisonment for life. The apprehension of the learned High Court Government Pleader can be safeguarded by imposing some stringent conditions. Hence, the petitioner is directed to be released on anticipatory bail subject to certain conditions. Accordingly, the following order is made: The petition is allowed. The respondent-Police are hereby directed to release the petitioner/accused No. 1 on bail, in the event of his arrest, for the above said offences, subject to the following conditions :- I The petitioner/accused No. 1 shall execute a personal bond for a sum of Rs. 1,00,000/-with one solvent surety for the like-sum to the satisfaction of the arresting authority. The respondent-Police are hereby directed to release the petitioner/accused No. 1 on bail, in the event of his arrest, for the above said offences, subject to the following conditions :- I The petitioner/accused No. 1 shall execute a personal bond for a sum of Rs. 1,00,000/-with one solvent surety for the like-sum to the satisfaction of the arresting authority. II The petitioner/accused No. 1 shall not tamper with any of the prosecution witnesses directly or indirectly. III The petitioner/accused No. 1 shall mark attendance before the concerned police every fortnight till the charge sheet is filed. IV The petitioner/accused No. 1 shall appear before the jurisdictional Court and execute personal bond, surety bond and furnish surety within thirty days from the date of receipt of certified copy of this order.