Karnataka High Court
Hirasing vs The State on 14 November, 2017
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF NOVEMBER, 2017
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION NO.201176/2017
BETWEEN:
Hirasing S/o Keeru Rathod,
Aged : 30 Years,
Occ : Agriculture,
R/o : Japanayak Tanda,
Kanyakolur village,
Tq: Shahapur, Dist : Yadgiri-585201.
... Petitioner
(By Sri Ganesh Naik, Advocate)
AND:
The State of Karnataka
Through Shahapur Police Station
Tq. Shahapur, Dist. Yadgiri,
Represented by Add. SPP,
High Court of Karnataka,
Kalaburagi Bench -585101.
... Respondent
(By Sri P.S. Patil, HCGP)
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This criminal petition is filed under Section
438 of Cr.P.C. praying to enlarge the petitioner on
bail in the event of arrest in Crime No.307/2017 of
Shahapur Police Station for the offences punishable
under Sections 143, 147, 148, 323, 324, 326, 504,
506 R/w 149 of IPC pending before Civil Judge and
JMFC Court Shahapur.
This petition coming on for orders this day, the
court made the following:
ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. This petition is filed under Section 438 of Cr.P.C. The petitioner seeks anticipatory bail for his release in the event of his arrest in Crime No.307/2017 of Shahapur Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 504, 506 R/w 149 of IPC. 3
3. The complaint is filed on 23.07.2017. It is stated that the accused persons formed an unlawful assembly and in prosecution of common object on 23.07.2017 night 8-p.m., the petitioner along with other accused persons came with armed weapons like stone and bricks and abused the complainant in filthy language and hit the complainant on lower lip because of which tooth of the complainant were broken. At this stage, learned High Court Government Pleader would submit that one tooth was removed. The accused persons further attacked on shoulder, chest and invisible injuries are inflicted on him. When wife of the complainant went to rescue him, she was also kicked and beaten with stone on her left elbow and caused injuries.
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4. On the basis of the complaint, case came to be registered for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 504, 506 R/w 149 of IPC.
5. Learned counsel for the petitioner would submit that the petitioner does not have any criminal antecedent and he was roped in the case along with family members as a mark of vengeance by complainant.
6. Learned High Court Government Pleader would submit that petitioner has caused grievous hurt to the complainant and also a tooth was removed. In the context of the circumstances, considering the injuries and number of persons against whom the case is lodged, I am of the view 5 that no prejudice will be caused if the petitioner is granted relief of anticipatory bail. At the same time, it is necessary to impose stringent conditions.
Hence, the following :
ORDER The petition under Section 438 of Cr.P.C. is allowed. In the event of arrest of the petitioner in Crime No.307/2017 of Shahapur Police Station for the offences punishable under Sections 143, 147, 148, 323, 324, 326, 504, 506 R/w 149 of IPC, he shall be released on bail on he executing a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the I.O. subject to following conditions:6
1. The petitioner shall not tamper or terrorize the persecution witnesses in any manner.
2. The petitioner shall not leave the jurisdiction of Karnataka State without prior permission of the concerned Court.
3. The petitioner shall mark his attendance before the Investigating Officer on every first Saturday and second Saturday of each month between 8.00 PM and 9.00 PM. till completion of the investigation.
If the petitioner violates any of the conditions, the prosecution is at liberty to seek for cancellation of bail.
Sd/-
JUDGE RSP