Karnataka High Court
Suresh S/O Parashuram Beladadi vs State Of Karnataka on 27 August, 2019
-1-
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 27th DAY OF AUGUST, 2019
BEFORE
THE HON'BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION No.101189/2019
BETWEEN:
Suresh
S/o Parashuram Beladadi
Aged about 29 years
Occ: Agriculture
R/o. Gangapurpeth
Gadag Taluk, Gadag District.
...Petitioner
(By Sri Anand R. Kolli, Advocate)
AND:
State of Karnataka
by Gadag Rural Police Station
Represented by State Public Prosecutor
High Court of Karnataka
Dharwad Bench, Dharwad.
...Respondent
(By Sri P.M.Banakar, Addl. SPP)
This Criminal Petition is filed under Section 439 of
Cr.P.C praying to enlarge the petitioner on regular bail in
connection with Crime No.65/2019 (C.C.No.930/2019) for
the offences punishable under Sections 143, 147, 323,
307, 354, 448, 504 and 506 of Indian Penal Code, insofar
as petitioner is concerned, registered before Gadag Rural
Police Station.
-2-
This Criminal Petition coming on for Orders through
'Video Conference' this day, the Court made the following:-
ORDER
The present petition has been filed by the petitioner/ accused No.1 under Section 439 of Cr.P.C. to enlarge him on bail in Crime No.65/2019 (CC No.930/2019) of Gadag Rural Police Station for the offences punishable under Sections 143, 147, 323, 307, 354, 448, 504 and 506 of Indian Penal Code.
2. I have heard the learned counsel appearing for the petitioner and the learned Additional SPP appearing for the respondent-State.
3. The genesis of the case of the complainant is that accused Nos.1 and 2 have borrowed money for their use from the complainant and also took the motorcycle of the complainant for some days. When the complainant and C.W.6 asked accused to return the money and motorcycle, accused became angry. With that animosity accused persons on 22.3.2019 at about 4.00 p.m. at Mundargi -3- Circle when the complainant and C.W.6 asked accused to return the money and the motorcycle, at that time accused persons became angry. On the same day at about 6.00 p.m. accused persons went near the house of the complainant on their vehicle and abused them on the road and accused No.1 again abused the complainant and CW6 and caught hold of the neck of the complainant and tried to kill him by pressing his neck and accused No.1 thrown him on the ground and remaining accused persons assaulted with hands and kicked with legs and thereby they have committed the alleged offence. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner/accused that earlier the petitioner/accused approached this Court and this Court has rejected the bail application as the investigation is pending and charge sheet has not yet been filed. Now the charge sheet has been filed, the victim complainant has discharged from the hospital and he is out of danger. The alleged offences are -4- not punishable with death or imprisonment for life. The petitioner/accused is not required for the purpose of further investigation or interrogation. 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.
5. Per contra, the learned Additional SPP vehemently argued and submitted that the petitioner/accused is a habitual offender, he is involved in four such cases, his name is also appears as a rowdy sheeter. If the petitioner/accused is enlarged on bail, again he may indulge in similar type of criminal activities. He further submitted that the petitioner/accused has borrowed money and the motorcycle and he has not returned when the same was demanded and because of that enmity he has tried to press the neck of the complainant and he has got intention to take away the life of the complainant. On these grounds he prayed to dismiss the petition. -5-
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. As could be seen from the records, earlier the bail application was rejected as the charge sheet has not been filed. Now the charge sheet has been filed. The wound certificate of Gadag Institute of Medical Sciences District Hospital, Mallasamudra, Gadag, dated 4.5.2019 shows that the complainant has sustained simple injuries and he has been discharged from the hospital and he is out of danger. When already the charge sheet has been filed and the investigation has been completed, alleged offences are not punishable with death or imprisonment of life then under such circumstances, I feel that if by imposing some stringent conditions if the petitioner/accused is ordered to be enlarged on bail, it is going to meet the ends of justice.
8. However, the learned Additional SPP contended that the petitioner/accused is a habitual offender and he has involved in similar type of four cases and his name has -6- been appeared in the rowdy sheeter's list. Merely because he has involved in four cases, that cannot be the ground for rejecting the bail application until he has been tried and convicted for the alleged offences. Insofar as the rowdy sheeter is concerned, stringent condition can be imposed to release the petitioner/accused on bail.
9. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.1 is ordered to be released on bail in Crime No.65/2019 (CC No.930/2019) of Gadag Rural police station for the offences punishable under Sections 143, 147, 323, 307, 354, 448, 504 and 506 of Indian Penal Code, subject to the following conditions:
i) The petitioner 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.
ii) He shall not tamper with the prosecution evidence directly or indirectly.-7-
iii) He shall mark his attendance once in a month on every first between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
iv) He shall not leave the jurisdiction of the Court without prior permission.
v) He shall not indulge in similar type of criminal activities.
vi) If he again indulged in similar type of criminal activities, the respondent/police is at liberty to apply for cancellation of bail.
Sd/-
JUDGE *AP/-