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Karnataka High Court · body

2020 DIGILAW 905 (KAR)

Shripathi v. State

2020-05-26

B.A.PATIL

body2020
JUDGMENT 1. This petition has been filed by the petitioner/accused No.2 under Section 439 of Cr.P.C., to enlarge him on bail in Crime No.120/2019 of Buntwala Rural Police Station for the offences punishable under Sections 448, 324, 307, 504 and 506 read with Section 34 of IPC. 2. I have heard Sri. Rajesh Rao. K, learned counsel for the petitioner through virtual hearing and Sri. Mahesh Shetty, learned High Court Government Pleader for respondent-State. 3. The facts of the case are that on 29.11.2019 at about 4.00 p.m., when the complainant was present in the house along with her husband, some body had ranged the calling bell and when her husband opened the door, accused Nos. 1 to 3, who were known to them, all of a sudden entered the house by pushing her husband inside the house and started assaulting him with swords and hands causing bleeding injuries all over his body. When the complainant also tried to pacify, she was also assaulted. When she started screaming and seeking help, the accused persons by throwing the said lethal weapons, escaped from the seen. Thereafter, the victims were taken to Father Muller Hospital and a complaint was registered. 4. It is the submission of the learned counsel for the petitioner/accused No.2 that injured have already discharged from the hospital on 13.12.2019 and they are out of danger and also there is no threat to their life. It is further submitted that the injuries which were suffered are simple in nature and the alleged offences are not punishable with death or imprisonment for life. The petitioner/accused No.2 is innocent and no specific overt-acts have been alleged as against the petitioner. It is his further submission that he hails from the respectable family and he is having a deep route in the society. He is a permanent resident in the address shown in the cause title and he is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.2 on bail. 5. Per contra, learned High Court Government Pleader opposes the said application strongly contending that the petitioner/accused No.2 has committed the offences punishable under Section 307 of IPC. The first victim has suffered with grievous injuries. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.2 on bail. 5. Per contra, learned High Court Government Pleader opposes the said application strongly contending that the petitioner/accused No.2 has committed the offences punishable under Section 307 of IPC. The first victim has suffered with grievous injuries. Because of previous animosity, accused persons have entered the house and have assaulted with lethal weapons. If the accused persons are enlarged on bail, they may threaten the injured witnesses and other witness and they may try to tamper the prosecution witness. It is his further submission that if the accused persons are enlarged on bail, they may abscond and they may not be available for trial. On these grounds, he 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 including the original records. 7. As could be seen from the contents of complaint and other materials it appears that on the date of alleged incident, accused Nos.1 to 3 have entered into the house of the complainant and assaulted with lethal weapons and caused injuries. Though the accused persons have assaulted with lethal weapons, the wound certificate issued by the Father Muller Hospital indicates that the injured have been got admitted in the hospital on 29.11.2019 and subsequently they have been discharged on 13.12.2019 and the injured are out of danger and also the alleged offences are not punishable with death or imprisonment for life. Under the facts and circumstances of the case, I am of the considered opinion that if the petitioner/accused No.2 is enlarged on bail by imposing some stringent conditions, then it is going to meet the ends of justice. Taking into consideration of the facts and circumstances of the case, petition is allowed. 8. Petitioner/accused No.2 is ordered to be enlarge on bail in Crime No.120/2019 of Buntwala Rural Police Station for the offences punishable under Sections 448, 324, 307, 504 and 506 read with Section 34 of IPC subject to the following conditions: 1. Petitioner/accused No.2 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 leave the jurisdiction of the Court without prior permission. 3. Petitioner/accused No.2 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 leave the jurisdiction of the Court without prior permission. 3. He shall not tamper with the prosecution evidence directly or indirectly. 4. He shall mark his attendance once in a month i.e., on 1st of every month between 10.00 and 5.00 p.m., before the concerned police till the trial is completed. Registry is directed to communicate the operative portion of this order through E-mail to the Principal District Judge/Jurisdictional Court.