Karnataka High Court
Sharanappa S/O Laxman Gadagin vs The State Of Karnataka on 15 July, 2019
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 15TH DAY OF JULY 2019
BEFORE
THE HON'BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION NO.101126/2019
BETWEEN:
SHARANAPPA, S/O. LAXMAN GADAGIN
AGE: 25 YEARS, OCC: TRACTOR DRIVER,
R/O: MALAGOUDRA ONI, RON,
TAL: RON, DIST: GADAG.
... PETITIONER
(BY SRI. S C HIREMATH, ADVOCATE)
AND:
THE STATE OF KARNATAKA
REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS, AT DHARWAD,
(PERTAINING TO RON TOWN POLICE STATION).
... RESPONDENT
(BY SMT. SEEMA SHIVA NAIK, HCGP)
---
THIS CRIMINAL PETITION IS FILED U/SEC.439 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
RON P.S. CR. NO.81/2019, THE FIR OF WHICH IS ON THE FILE
OF THE PRL. CIVIL JUDGE (SR.DN.) AND CJM COURT, RON
REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTIONS
323, 307, 504 AND 506 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
:2:
ORDER
This petition has been filed by the petitioner/accused under Section 439 Cr.P.C. praying to release him on bail in Crime No.81/2019 of Ron Police Station, for the offences punishable under Sections 323, 307, 504 and 506 of the IPC.
2. I have heard the learned counsel appearing for the petitioner and also the learned HCGP for the respondent-State.
3. The genesis of the complaint is that, the petitioner/accused used to consume alcohol and used to abuse the general public in filthy language. He was advised not to drink and abuse in public road. In that context, he developed anger against the complainant and he used to tell that who is he to advise him. He also used to tell that he is going to take away the life of the complainant. In that light, on 18.05.2019 at about 9.00 pm, when the complainant was near Potaraja :3: Katta, the accused suddenly came and started abusing him with filthy language and when the complainant questioned him, he started assaulting the complainant with hands and when he tried to escape, the accused caught hold of him and made him fall on the ground and he squeezed his testicles and when the complainant started screaming, the accused kicked him on his private part and the persons gathered there pacified and thereafter the complainant was taken to his house and subsequently after discussing with the elders, he filed the complaint. On the basis of the complaint a case is registered.
4. It is the submission of the learned counsel for the petitioner/accused that the petitioner has been falsely implicated in this case. The complainant received only simple injuries and he has not even gone to the hospital. The alleged incident has taken place on 18.05.2019 at about 9.00 pm and the complaint was registered only on 21.05.2019, i.e., after 2-3 days of the :4: incident. There is delay in filing the complaint and the said complaint is registered only after deliberation and discussion with the villagers only with an intention to harass the petitioner/accused. It is further stated that the alleged offences are not punishable with death or imprisonment for life and he is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds he prayed to allow the petition.
5. Per contra, learned HCGP vehemently argued and submitted that there is enmity between the complainant and petitioner/accused, as the complainant advised him not to drink alcohol and not to abuse in public place. The petitioner assaulted the complainant with hands and thereafter squeezed his testicles and also kicked him on his private part and as such, he suffered injuries. If the accused/petitioner is enlarged on bail, he may threaten the life of the complainant and again he may involve in similar type of :5: criminal activities. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. On close reading of the contents of the complaint and other material, it discloses the fact that there was some enmity between the complainant and the accused and when the accused was not tolerating the advise given by the complainant, he assaulted the complainant with hands and when the complainant fell down, he squeezed his testicles and also kicked his private part. Though the complaint indicates that the complainant took treatment in the house and after two days filed the complaint, but the records indicate that subsequently he was treated in the Government Hospital at Ron and the injuries suffered by the complainant are simple in nature. The alleged :6: offences are not punishable with death or imprisonment for life. Hence, I feel that if the petitioner/accused is released on bail by imposing stringent conditions, it would meet the ends of justice.
8. Hence the petition is allowed. The petitioner/accused is ordered to be released on bail in connection with Crime No.81/2019 of Ron Police Station for the offences punishable under Sections 323, 307, 504 and 506 of the IPC, subject to the following conditions:
i. He shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh 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.
iii. He shall be regular in appearing before the trial Court till the trial is completed.:7:
iv. He shall not leave the jurisdiction of the Court without prior permission.
v. He shall mark his attendance before the jurisdictional Police once in a month on every first day between 10.00 am and 5.00 pm till the trial is concluded.
vi. He shall not indulge in similar type of activities.
Sd/-
JUDGE gab