Karnataka High Court
Sri H N Satheesh vs State Of Karnataka on 5 September, 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5th DAY OF SEPTEMBER, 2018
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.5841/2018
BETWEEN:
Sri. H. N. Satheesh,
Son of H.B. Narasimhegowda,
Aged about 37 years,
Residing at: No.84, 6th Cross,
Aravind Nagar,
Mysuru - 572 101. ...Petitioner
(By Sri. Tomy Sebastian, Senior Counsel for
Smt. Reny Sebastian, Advocate)
AND:
State of Karnataka,
By Vijayanagar Police Station,
Mysuru,
Represented by SPP
High Court Building,
Bengaluru - 560 001. ... Respondent
(By Sri. K.P. Yoganna, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., praying to enlarge the petitioner on bail in
Cr.No.181/2018 of Vijayanagar Police Station, Mysuru
-2-
for the offence P/U/S 323, 307, 504 and 506 of IPC and
Section 25 of the Indian Arms Act.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
ORDER
The present petition has been filed by the petitioner/accused under Section 439 of Cr.P.C. to release him on bail in Crime No.181/2018 of Vijayanagar Police Station, Mysuru for the offences punishable under Sections 323, 307, 504 and 506 of IPC and also under Section 25 of Arms Act, 1959.
2. Brief facts of the case as per the complaint are that one Raghu S. has filed a complaint alleging that he is working as a driver in BIT Travels. On 13.07.2018 at about 10.30 p.m., he had to attend the customer drop from Vijayanagar 4th Stage to Bengaluru Airport, thereby he has taken his company's Swift Desire Car bearing No.KA-09-B-9920 and at about 9.45 p.m., on the instructions of the customer, he was going on the mud-road near N.P.S. School, at that time an Innova -3- Car bearing No.KA-09-MD-3189 by overtaking his car went ahead. The complainant stopped the car at the location. The Innova Car also stopped with little distance from his car and a person came down from the said car by holding a Pistol and opened fire in air from the pistol and kicked the front Bonnet of the complainant's car. When the complainant came down from the car, said person also abused him in filthy language and assaulted him with hands and leg and also threatened his life. Further once again, said person fired on the ground just near complainant. On the basis of the said complaint, a case was registered.
3. It is the contention of the learned Senior Counsel that only because the said car was chased subsequently, it was stopped and in that event, the alleged incident has taken place. Further it is submitted that the accused petitioner was holding a licensed pistol and he has opened fire in the air, that -4- itself go to show that he was not having intention to kill the complainant. Further it is submitted that said offence alleged against the petitioner attracts maximum punishment of ten years. He further submitted that the Court below has rejected his application only on the ground that the petitioner was a rowdy-sheeter. But only one criminal case has been registered against the accused petitioner and no other allegations were there to hold him as rowdy-sheeter. He further submitted that he is ready to abide by the conditions imposed on him by this Court and ready to offer surety for his appearance before the Court. On these grounds, he prayed to allow the petition.
4. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused petitioner is having a criminal back ground and he has attempted to commit the murder of the complainant by firing nearby him. Subsequently, the -5- said vehicle and pistol have been seized from the possession of the accused petitioner. He further submitted that there is prima-facie material as against the accused petitioner. Further it is submitted that the said act of accused petitioner is grave and anti-social activity. On these grounds, he prayed to dismiss the petition.
5. I have gone through the submissions made by the learned counsel for the petitioner and learned High Court Government Pleader. I have also perused the contents of the complaint and other material which have been produced along with the petition.
6. The complaint indicates that when the accused petitioner followed the Car of the complainant and when he overtook and stopped the car, at that time the alleged incident has taken place. Though there are some allegations as against the accused petitioner, as could be seen from the contents of the complaint and -6- records, the said offences are not punishable with death or imprisonment for life and no injuries have also been caused to the complainant in the alleged incident. Though it is contended that he is having criminal background and rowdy-sheeter, no documents have been produced to substantiate the same. Even the learned Senior counsel submitted that one case was there and it is acquitted.
7. Taking into consideration the above said facts and circumstances, I feel that if the accused petitioner is enlarged on bail by imposing stringent conditions, it is going to meet the objections which have been raised by the learned High Court Government Pleader.
8. Taking into consideration the above said facts and circumstance, the petition is allowed and the accused petitioner is enlarged on bail in Crime -7- No.181/2018 of Vijayanagar Police Station subject to the following conditions:
1. Petitioner/accused shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakh Only) with two sureties for the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence in any manner till the disposal of the case.
3. He shall not indulge in similar type of criminal activities.
4. He shall attend the Court regularly for trial.
5. He shall not leave the jurisdiction of the Court without prior permission.
Sd/-
JUDGE VBS