Karnataka High Court
B Chandrashekar S/O B Ambanna vs The State Of Karnataka on 8 February, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.P No. 100253 of 2023
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 100253 OF 2023 (439-)
BETWEEN:
1. B CHANDRASHEKAR S/O B AMBANNA
AGE 35 YEARS, OCC. HOME GUARD
R/O WARD NO. 21, NEAR SUGAR FACTORY
VINAYAKA NAGAR, KAMPLE 583132
VIJAYANAGAR DISTRICT
...PETITIONER
(BY SRI. MANJUNATH A KARIGANNAVAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS GANGAVATHI TOWN POLICE STATION
KOPPAL DISTRICT
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
Digitally signed by J DHARWAD 580011
MAMATHA
Location: High Court
...RESPONDENT
of Karnataka, (BY SMT.GIRIJA S.HIREMATH, HCGP)
Dharwad
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF
CR.P.C. SEEKING TO ALLOW THIS CRIMINAL PETITION
UNDER SECTION 439 OF CR.P.C., AND ENLARGE THE
PETITIONER/ACCUSED NO. 4 HEREIN ON BAIL FOR
OFFENCES PUNISHABLE U/S 323, 324, 307, 504, 109 R/W
SECTION 34 OF IPC IN CRIME NO. 260/2022 REGISTERED
WITH GANGAVATHI TOWN POLICE STATION, DISTRICT
KOPPAL PENDING ON THE FILE OF PRL. CIVIL JUDGE AND
JMFC COURT AT GANGAVATHI.
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CRL.P No. 100253 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner/accused No.4 in Cr.No.260/2022 of Gangavathi town police station, has preferred this petition under Section 439 of Cr.P.C. to enlarge him on bail.
2. The aforesaid crime was registered on a complaint lodged by one Srinivasalu B. against accused Nos.1 to 4 for offences punishable under Sections 323, 324, 307, 504, 109 read with 34 IPC.
3. The gist of the complaint is that the accused were under the impression that, victim Manjula, wife of the complainant was doing black magic and in this connection they were quarrelling with her. It is alleged that on 24.12.2022 at about 6.30 p.m., near Honda show room in Julai nagar, Gangavathi, accused Nos.1 and 2 threw chilly powder on the face of the victim and assaulted her with a sickle on her face, ears, hands etc.
4. Accused No.1 is none other than the daughter of the victim. Accused Nos.3 and 4 are the brothers of -3- CRL.P No. 100253 of 2023 complainant and accused No.2 is the wife of accused No.3. The specific overt acts of assaulting the victim with a sickle is against accused No.1. In the complaint, it is alleged that accused No.1 was holding a sickle and she assaulted the victim with the said sickle. It is further alleged that accused Nos.1 and 2 threw chilly powder on her face and accused No.2 has instigated accused No.1 and kicked her etc., The complainant has assumed that the said incident might have taken place at the instigation of accused Nos.3 and 4. It is not alleged in the complaint that the petitioner, who is arraigned as accused No.4 was either armed with any weapon or that he has assaulted the victim.
5. As per the wound certificate, the victim has sustained about 10 injuries, out of which injury Nos.6, 7 and 8 are stated to be grievous injuries. However, the said injuries are caused by accused No.1 who is already arrested and in judicial custody. Considering the nature of allegations against the petitioner and also considering that the petitioner is arrested and interrogated, by imposing suitable conditions petitioner can be admitted to bail.
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6. Accordingly, the following:
ORDER
i) Petition is allowed,
ii) Petitioner/accused No.4 in Cr.No.260/2022 of Gangavathi police station, shall be enlarged on bail, subject to following conditions:
a. Petitioner shall execute a personal bond in a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties for likesum to the satisfaction of the jurisdictional Court, b. He shall furnish proof of his residential address and shall inform the Court if there is any change in the address, c. He shall not tamper with the prosecution witnesses either directly or indirectly, d. He shall not put any threat or inducement to the victim, e. He shall appear before the trial Court on all dates of hearing, -5- CRL.P No. 100253 of 2023 f. He shall not leave the jurisdiction of the trial Court without prior permission of the learned trial Judge.
(Sd/-) JUDGE JM/-
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