Research › Search › Judgment

Karnataka High Court · body

2022 DIGILAW 961 (KAR)

H. Siddesh v. State of Karnataka

2022-07-27

K.NATARAJAN

body2022
JUDGMENT 1. This petition is filed by the petitioner-accused No.1 under Section 439 of Cr.P.C., for granting regular bail in Crime No.177/2022 registered by Hennur Police Station, Bengaluru for the offences punishable under Sections 307, 354, 504, 506 read with Section 34 of IPC. 2. Heard the arguments of learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. 3. The case of the prosecution is that the complainant filed a complaint on 25.06.2022 alleging that this petitioner is said to be her father. This petitioner used to subject her mother to physical and mental cruelty demanding her share from her father's property by abusing, assaulting and threatening her every day and thrown out the complainant, her mother and her brother from the house. The complainant also alleged that accused No.1 had an illicit relationship with accused No.2. Thereafter, the complainant's mother initiated criminal proceeding against accused No.1 in Crime No.155/2022 and after knowing the same, accused No.1 used to force the complainant, her mother and her brother to withdraw the case and also posed life threat for them. That on 25.06.2022 at 9.00 p.m., accused No.1 came along with accused No.2 in Innova Car, picked up quarrel and demanded to withdraw the complaint filed against them and at that time, accused Nos.1 and 2 said to be assaulted complainant's mother and also assaulted the complainant when she intervened. Accused No.2 said to be held on her legs and at the same time, accused No.1 squeezed her neck with an intention to commit murder. Thereafter her mother came and rescued, she came out and lodged this complaint. After registering the case, the Police arrested this petitioner on 27.06.2022 and he was remanded to the judicial custody. His bail petition came to be rejected, hence, he is before this Court. 4. Learned counsel for the petitioner has contended that this petitioner is innocent of the alleged offences and he has been falsely implicated only to harass him. He also suffered stomach pain, fever, admitted in the hospital and discharged from the hospital only a week from the date of complaint. There is no injury sustained by the complainant. The petitioner is ready to abide by the conditions that may be imposed by this Court. The petitioner is in the custody for almost one month. Hence, prayed for granting bail. 5. There is no injury sustained by the complainant. The petitioner is ready to abide by the conditions that may be imposed by this Court. The petitioner is in the custody for almost one month. Hence, prayed for granting bail. 5. Per contra, learned High Court Government Pleader seriously objected the petition and prayed for dismissing the petition. 6. Having heard the arguments and on perusal of the records, it is not in dispute that the complainant is the daughter of the petitioner. There was a family dispute between them, therefore, the wife of the petitioner has already filed a PCR case and got it referred to the Police and registered a case in Crime No.155/2022 for the offence punishable under Section 498A and other offences against both accused Nos.1 and 2. The main allegation against accused No.2 is she is paramount of accused No.1 who is the present petitioner. On that background, a quarrel took place when the petitioner trying to squeeze her neck and her mother came and rescued. They said to be assaulted and abused in the filthy language. Accused No.2 is absconding who is having illicit relationship with this petitioner-accused No.1. Admittedly, the petitioner is the father of the complainant. He is in custody for almost from one month. Most of the investigation might have been completed by the Police. Only left out for filing the charge-sheet. Therefore, considering the facts and circumstances of case, the injury is simple in nature and the petitioner is in custody for almost one month, by imposing certain conditions, if the bail is granted to the petitioner, no prejudice would be caused to the prosecution case. Hence, I pass the following ORDER Accordingly, criminal petition is allowed. Therefore, considering the facts and circumstances of case, the injury is simple in nature and the petitioner is in custody for almost one month, by imposing certain conditions, if the bail is granted to the petitioner, no prejudice would be caused to the prosecution case. Hence, I pass the following ORDER Accordingly, criminal petition is allowed. The Committal Court is directed to release the petitioner-accused No.1 on bail in Crime No.177/2022 registered Police Station, for the offences punishable under Sections 307, 354, 504, 506 read with Section 34 of IPC, subject to the following conditions: (i) Petitioner-accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the trial Court/Committal Court; (ii) Petitioner shall not indulge in similar offences strictly; (iii) Petitioner shall not tamper with the prosecution witnesses directly/ indirectly; (iv) Petitioner shall not threaten the witnesses; (v) Petitioner shall appear before the Investigating Officer once in a week on every Monday between 10.00 a.m. and 4.00 p.m., for a period of two months or till filing the charge-sheet whichever is later; (vi) Petitioner shall also cooperate with the Investigating Officer for the purpose of any further investigation.