Karnataka High Court
Ashok vs The State Of Karnataka on 22 January, 2024
Author: Rajendra Badamikar
Bench: Rajendra Badamikar
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NC: 2024:KHC-K:869
CRL.P No. 200004 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 22ND DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL PETITION NO. 200004 OF 2024 (439)
BETWEEN:
ASHOK S/O RAJKUMAR CHINCHOLIKAR
AGE: 30 YEARS, OCC: LABOUR,
R/O DHARMPRAKASH GALLI,
BASAVAKALYAN, DIST. BIDAR
...PETITIONER
(BY SRI GANESH NAIK, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH BASAVAKALYAN TOWN POLICE STATION,
DIST. BIDAR ITS REPRESENTED BY,
ADDL. SPP HIGH COURT OF KARNATAKA,
Digitally signed AT KALABURAGI BENCH DIST. KALABURAGI-03.
by SHILPA R
TENIHALLI
Location: HIGH
...RESPONDENT
COURT OF
KARNATAKA (BY SMT. ANITA M. REDDY, HCGP)
THIS CRL.P. IS FILED U/S. 439 OF CR.P.C PRAYING TO
GRANT THE REGULAR BAIL TO THE PETITIONER/ACCUSED IN
CRIME NO. 216/2023 OF BASAVAKALYAN TOWN POLICE
STATION FOR THE OFFENCES PUNISHABLE U/SEC. 307, 504,
324 OF IPC PENDING ON THE FILE OF THE PRINCIPAL CIVIL
JUDGE (JR.DN.) AND JMFC COURT AT BASAVAKALYAN.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-K:869
CRL.P No. 200004 of 2024
ORDER
The petitioner has filed this petition under Section 439 of Cr.P.C. for enlarging him on bail in Basava Kalyana Town Police Station in Cr.No.216/2023 for the offences punishable under Sections 307, 504, 324 of IPC pending on the file of Principal Civil Judge & JMFC, Basava Kalyan.
2. The brief allegations of the prosecution are that on 15.11.2023, at 6.15 hrs the SHO received MLC from Government Hospital, Basavakalyan and he paid a visit to the hospital and recorded the statement of injured and registered the complaint. It is alleged that the complainant is working as a labour in Alankar Tent house, Basavakalyan and since 15 to 20 days prior to the alleged incident, one unknown beggar, after begging, he was sleeping night hours at Hanuman Temple, Adat Market, Basavakalyan. It is alleged that on 15.11.2023, at about 3.00 p.m., when he was removing serial lights installed during deepavali in Adat Market, the accused came there holding a stick in his hand in order to see that the beggar -3- NC: 2024:KHC-K:869 CRL.P No. 200004 of 2024 shall be driven out from the said place and seeing him, the beggar ran away. The petitioner chased him and assaulted in his back, stomach and chest and tried to throttle his neck. When complainant tried to interfere, the petitioner was also assaulted on back and right shoulder, causing injuries. Then the complainant shifted beggar to the hospital for treatment and lodged a complaint. On the basis of this complaint, the crime was registered and FIR came to be lodged. The petitioner was arrested on 15.11.2023 and he was remanded to custody. He moved a regular bail petition before the learned Sessions Judge and his bail petition came to be rejected. Hence, he is before this Court.
3. Heard the learned counsel for petitioner and the learned HCGP for respondent. Perused the records.
4. The allegations of the prosecution are that on 15.11.2023, at about 3.00 p.m. the petitioner has assaulted a beggar by stick on his back and his right shoulder and when the complainant intervened, he was -4- NC: 2024:KHC-K:869 CRL.P No. 200004 of 2024 also assaulted. The injury certificate discloses that the injured had suffered simple injuries. Further, the document produced by the learned HCGP disclose that the Investigating Officer has submitted a requisition to the medical officer seeking information regarding the condition of the injured to give statement and on 15.11.2023, it is stated that the injured was not in a position to give statement. But on perusal of the injury certificate, it is evident that he has suffered only simple injuries. No evidence is placed by the prosecution to show that subsequently, the Investigating Officer has recorded the statement of the injured.
5. Considering these facts & circumstances, it is evident that no grievous injuries have been caused to the petitioner. Further, it is not the case of the prosecution that the injured is still in the hospital. The petitioner is in custody for more than two months and he was remanded to judicial custody. Hence, it is evident that his presence is no more required by the Investigating Agency. The offence -5- NC: 2024:KHC-K:869 CRL.P No. 200004 of 2024 alleged are not punishable exclusively by life or death sentence.
6. Considering these facts and circumstances, nature of injuries and gravity of the alleged offences, I do not find any impediment for admitting the petitioner on regular bail. The other apprehensions raised by the learned HCGP can be meted out by imposing certain conditions. Hence, petition needs to be allowed and accordingly, I proceed to pass the following:
ORDER The petition is allowed.
Petitioner is directed to be released on bail in Cr.No.216/2023 registered by Basava Kalyan Town Police Station for the offences punishable under Sections 307, 504, 324 of IPC on executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the likesum to the satisfaction of the concerned Court, subject to following conditions:- -6-
NC: 2024:KHC-K:869 CRL.P No. 200004 of 2024
i) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
ii) He shall appear before the Court on all hearing dates without fail, except when he is specifically exempted from doing so and shall co-operate in speedy disposal of the case.
iii) He shall not involve in any criminal activities.
iv) He shall not leave the jurisdiction of the trial Court without prior permission of the trial Court.
v) He shall mark his attendance before the SHO on every 2nd and 4th Saturday until final report is submitted.
While releasing the petitioner/accused, the Jail Authorities shall follow the SOP issued by State Government.
Sd/-
JUDGE DS List No.: 1 Sl No.: 8