Karnataka High Court
Sachin S/O. Adiveppa Hebballi vs The State Of Karnataka on 23 January, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.P No. 100117 of 2023
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23RD DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 100117 OF 2023 (439-)
BETWEEN:
1. SACHIN S/O. ADIVEPPA HEBBALLI
AGE. 25 YEARS, OCC. PAINTING WORK,
R/AT. HEGGERI, MARUTI NAGAR,
BEHIND RSS BUILDING, OLD HUBBALLI,
HUBBALLI-580024
...PETITIONER
(BY SRI. ZANZA PATIL, ADV. FOR
SRI GOURISHANKAR H MOT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
OLD HUBBALLI POLICE STATION,
HUBBALLI,
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
...RESPONDENT
(BY SMT.GIRIJA S.HIREMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF
CR.P.C. SEEKING TO ENLARGE THE PETITIONER/ACCUSED
NO. 1 ON BAIL AS ATTACHED IN OLD HUBBALLI SUB-URBAN
POLICE STATION CRIME NO. 190/2022 FOR THE ALLEGED
OFFENCE PUNISHABLE U/S 307, 341, 504, 506 R/W SEC. 34 OF
IPC PENDING ON THE FILE OF 4TH ADDITIONAL CIVIL JUDGE
AND JMFC COURT, AT. HUBBALLI.
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CRL.P No. 100117 of 2023
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioner/accused No.1 has preferred this petition under Section 439 of Cr.P.C. seeking regular bail in Cr.No.190/2022 registered at Old Hubballi police station, for offences punishable under Sections 504, 341, 307, 506 read with Section 34 IPC.
2. Heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent/State and perused the material on record.
3. Complaint is lodged by one Arjun Shinde s/o Lakshman in respect of an incident of assault which took place on 20.11.2022 at about 10.15 pm. A reading of the complaint averments goes to show that a quarrel ensued between the accused persons and the complainant and his cousin by name Sandeep Salunke. In the said quarrel, accused Nos.2 and 3 held Sandeep Salunke and accused No.1 caused injuries to him with a button knife near his abdomen, back and right hand and also caused injury to the complainant who tried to intervene. -3- CRL.P No. 100117 of 2023
4. Learned High Court Government Pleader has contended that the petitioner is involved in other cases and therefore, in the event of grant of bail, he may violate the bail conditions and may indulge in criminal activities.
5. Learned counsel for petitioner has made available a copy of the FIR registered in Cr.No.191/2022 which is in respect of the very same incident which took place on 20.11.2022. The said case was registered on a complaint lodged by one of the accused in this case against the injured by name Sandeep Salunke and others.
6. Petitioner was arrested on 21.11.2022 and the button knife has been recovered at his instance. The wound certificates of both the injured shows that they have sustained simple injuries. It appears that the incident has occurred in a sudden quarrel and in the said quarrel, petitioner is alleged to have removed a button knife from his pocket and caused injuries to the victims. Petitioner is already arrested and interrogated. He is not required for any further interrogation. -4- CRL.P No. 100117 of 2023
7. Considering the facts and circumstances and also considering that the petitioner is already arrested and interrogated, the relief sought by him can be granted by imposing conditions.
8. Accordingly, the following:
ORDER
i) Petition is allowed,
ii) Petitioner/accused No.1 shall be enlarged on bail in Cr.No.190/2022 of Old Hubballi police station, subject to following conditions:
a. Petitioner shall execute a personal bond in a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties to the satisfaction of the jurisdictional Court, b. He shall mark his attendance before the jurisdictional police station on every Sunday between 10 a.m. and 1 p.m., till conclusion of the investigation.
c. He shall furnish proof of his residential address and shall inform the Court if there is any change in the address, -5- CRL.P No. 100117 of 2023 d. He shall not tamper with the prosecution witnesses either directly or indirectly, e. He shall not put any threat or inducement to the victim, f. He shall appear before the trial Court on all dates of hearing, g. He shall not leave the jurisdiction of the trial Court without prior permission of the learned trial Judge.
If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of the bail granted to the petitioner.
(Sd/-) JUDGE JM List No.: 1 Sl No.: 20