Karnataka High Court
Ashok And Anr vs The State Of Karnataka Through on 13 September, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 13TH DAY OF SEPTEMBER, 2017
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION NO.200920/2017
BETWEEN:
1. Ashok S/o Mallappa Uddanawar,
Age : 25 Years,
Occ : Agriculture.
2. Smt. Shantabai
W/o Mallappa Uddanawar,
Age : 50 Years,
Occ : Agriculture.
Both are R/o Village Ladchincholi,
Tq. Aland, Dist. Kalaburagi - 585 101.
... Petitioners
(By Sri Ashok Mulage, Advocate)
AND:
The State of Karnataka,
Through Narona Police Station,
Tq. Aland, Dist. Kalaburagi-585 101,
Represented by its SPP ... Respondent
(By Sri Sheshadri Jaishankar, HCGP)
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This criminal petition is filed under Section 438
of Cr.P.C. praying to, release the petitioner on bail in
the event of arrest in crime No.90/2017, of Narona
P.S. which is registered for the offences punishable
under Sections 323, 324, 326, 354, 504, 506 R/W
Section 149 of IPC. Pending before Addl. C.J. (Jr.
Dn.) Aland, Gulbarga.
This petition coming on for orders this day, the
court made the following:
ORDER
Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent.
2. This petition is filed under Section 438 of Cr.P.C., wherein the petitioners seek grant of bail in the event of their arrest in Crime No.90/2017 of Aland Circle, Narona Police Station for the offences punishable under Sections 323, 324, 326, 354, 504, 506 R/w Section 149 of IPC.
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3. The complainant is one Sharanamma W/o Devindra Uddanawar of Ladchincholi and complained at 10-30 a.m. on 30.06.2017, that she has a daughter who is given in a marriage 15 years back. The husband of the complainant died about 15 years back. Complainant residing with her mother Sonubai. About 7-8 days back, sister-in-law of the complainant Gundamma started quarrel regarding the sharing of household articles. On 29.06.2017 in the morning at 7-30 a.m., complainant and his mother Sonubai were taking with each other. Meanwhile, Ashok S/o Mallappa Uddanawaru, Gundamma W/o Sidappa Uddanavaru, Kashinath S/o Siddappa Uddanawaru, Shantabai W/o Mallappa Uddanawaru came in group and Gundamma abused complainant in filthy language.
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4. When the mother of the complainant was telling about the household articles, Ashok took out the knife and stabbed the complainant and his mother was hit on the right side of the hand with knife, she sustained bleeding injury, she also hit on joint knee, right thigh. Her mother was fallen down and was kicked on stomach.
5. At that time, the neighbors and some people of the area came and they brought the situation to control. However, while going, the accused persons were threatened of lives one day or another. With these reasons, case came to be registered for the offences punishable under Sections 323, 324, 326, 354, 504, 506 R/w Section 149 of IPC.
6. Learned counsel for the petitioners files a memo stating that complainant discharged from the 5 hospital on 02.07.2017 and her mother discharged from the hospital on 30.06.2017. Learned counsel would further submit that the petitioners are met to suffering every day because their names in the FIR. At this juncture, learned counsel for petitioners would file a memo which said to be endorsement/receipt to show that the complainant and her mother were discharged from the hospital against the medical advice on 02.07.2017 and 30.06.2017 respectively. Here it is necessary to observe that after registering the case when the matter is under investigation there are certain documents which are said to be in the exclusive privacy of the investigating officer and if they are required for perusal at the time of disposal of any bail application, the documents will be made available to the Court and no other can have access to it and it may be in the form of wound certificate, dying 6 declaration or discharged summary etc., till filing of the final report.
7. The learned High Court Government Pleader would submit that wound certificate is not available as it was not furnished by the investigating agency. In this connection, the investigating officer should have responsibility of passing instructions and documents, which are required for the purpose of disposal of bail application or for any other relevant reasons which is part of a case diary the accused has access to it but not the prosecution and the discretion is with the concerned doctor. Here, the document which is said to be the part of the prosecution paper (diary), the investigating officer has not furnished and furnished the same to High Court Government Pleader. Regard being had to the fact that the learned 7 counsel for the petitioners files a memo with a document.
8. The offences punishable under Sections 323, 324, 354, 504, 506 R/w Section 149 of IPC and the complainant is said to have been discharged on 02.7.2017 and her mother on 30.06.2017. Thus, in the context and circumstances, the said offences alleged against the petitioners or the relationship interse. I am of the opinion that in case the petitioners are granted relief of anticipatory bail, no prejudice would be caused on the prosecution or its case. Hence, petition deserves to be allowed.
Hence, the ORDER The petition under Section 438 of Cr.P.C. is allowed. In the event of arrest of the petitioners in 8 Cr.No.90/2017 of Aland Circle, Narona Police Station they shall be released on bail on they executing a personal bond for a sum of Rs.50,000/- each with one surety for the like sum to the satisfaction of the I.O. subject to following conditions:
1. The petitioners shall not tamper or terrorize the persecution witnesses in any manner.
2. The petitioners shall not leave the jurisdiction of Karnataka State without prior permission of the District Court till the completion of investigation.
3. The petitioners shall mark their attendance before the Investigating Officer on every 12th of each month between 8.00 AM and 9.00 PM till the stage of hearing before charge is completed.9
If the petitioners violate any of the conditions, the prosecution is at liberty to seek for cancellation of bail.
Sd/-
JUDGE RSP