Karnataka High Court
Shri. Babasab @ Bahusab S/O Raghunath ... vs State Of Karnataka on 3 January, 2018
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 3RD DAY OF JANUARY 2018
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION No.102593/2017
BETWEEN:
SHRI BABASAB @ BAHUSAB
S/O: RAGHUNATH SAVANT,
AGE: 25 YEARS,
OCC: AGRICULTURE,
R/O: DESAIRATTI, TQ: ATHANI,
DIST: BELAGAVI.
... PETITIONER
(BY SRI. RAM P.GHORPADE, ADVOCATE)
AND:
STATE OF KARNATAKA
BY AIGALI POLICE STATION,
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
DHARWAD.
... RESPONDENT
(BY SRI. PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C., SEEKING TO DIRECT THE RESPONDENT
POLICE TO ENLARGE HIM ON BAIL, IN THE EVENT OF HIS
ARREST IN CRIME NO.172 OF 2017 OF AIGALI POLICE
STATION ON THE FILE OF I ADDL. CIVIL JUDGE (JR.DN)
AND JMFC., COURT, ATHANI FOR THE ALLEGED
OFFENCES UNDER SECTION 354, 504 AND 506 OF IPC.
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THIS PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The complaint is lodged by Smt. Jayashree Tatysaheb Harugeri, mother of the victim girl stating that on 13.09.2017 at about 6.00 p.m., when the complainant along with her daughter was standing in front of her house, the petitioner came and threatened her with dire consequences, if they evidence before the II Addl. District Judge, Vijayapur, where the kidnap case is pending against him who allegedly kidnapped the daughter of complainant and further threatened to upload the photo of her daughter in Whatsapp and Facebook and abused them in filthy language by dragging the hands of complainant. In this regard complainant lodged the complaint. On the basis of the said complaint the Aigali Police have registered case in Crime No.172/2017 for the offences punishable under Sections 354, 504 & 506 of IPC. Hence, apprehending arrest, the petitioner had filed an application seeking bail before the IX Addl. District & Sessions Judge, :3: Belagavi, which was rejected. The petitioner aggrieved by the said order, has filed the present petition.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader.
3. The learned counsel for the petitioner would submit that the complainant and his daughter are in punitive mind set. The petitioner is said to be an agriculturist.
4. In the context and circumstances the allegations are to be assessed during the trial, till then the petitioner has made out a case for grant of bail.
5. Accordingly, the petition is allowed. The petitioner is entitled to be enlarged on bail in the event of his arrest on his executing a personal bond in a sum of Rs.2,00,000/- with a surety for a like sum to the satisfaction of the Investigating Officer of the concerned police station, subject to the following conditions; :4:
i) The petitioner-accused shall not terrorize the witnesses nor tamper the prosecution evidence in any manner.
ii) The petitioner-accused shall mark his attendance before the Investigating Officer on Second and Fourth Saturday of every month until further orders.
Sd/-
JUDGE msr