Karnataka High Court
Sunny@Sanni vs The State on 28 January, 2019
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 28TH DAY OF JANUARY, 2019
BEFORE
THE HON'BLE MR. JUSTICE P.G.M.PATIL
CRIMINAL PETITION NO. 201482/2018
BETWEEN:
Sunny @ Sanni S/o Mallikarjun Bharni,
Age: 21 years, Occ: Labour,
R/o Siddeshwar Colony,
Kalaburagi-585104.
... Petitioner
(By Sri. Ayyanagouda S. Patil, Advocate)
AND:
The State Through University Police Station,
Kalaburagi-585104.
(Representing by learned Addl. SPP
High Court of Karnataka at Kalaburagi Bench)
... Respondent
(By Sri Mallikarjun Sahukar, HCGP)
This Criminal Petition is filed under Section 438 of
Cr.P.C, praying to allow the petition and be pleased to issue
direction to the respondent police to release the petitioner on
bail in the event of his arrest in Crime No.314/2018 of
University P.S. Kalaburagi, for the offences punishable
U/Sec.307, 504, 506, 109 R/w 34 of IPC, pending on the file
of III Addl. JMFC, Kalaburagi, in the interest of justice.
This petition coming on for Orders this day, the Court
made the following:
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ORDER
This petition is filed under Section 438 of Cr.PC on behalf of the petitioner seeking to enlarge him on bail in the event of his arrest in Crime No.314/2018 of University Police Station for the offences punishable under Sections 307, 504, 506, 109 R/w 34 of IPC.
2. It is the case of the prosecution that the complainant one Babalu of Sedam has lodged a complaint on 07.10.2018. In his complaint, he has stated that he is Auto Driver by profession, since one year, himself and one Monika Bharani of Kalaburagi, became friends on facebook, later on both of them started to love each other and they were regularly contacting each other over phone when the parents of the said Monika came to know the same, they started abusing her in turn she informed the complainant. The said Monika informed the accused who is her brother that her parents are giving torture to her, he advised 3 her to wait for some days. Thereafter, the parents of Monika and her brother came to Sedam and asked the accused that he has brainwashed their daughter. 15 days prior to the incident again Monika came to the house of the complainant and on enquiry she told him that she will stay in his house. On the same day her parents also came to the house of the complainant and questioned him as to why he has kept their daughter in his house. Thereafter, both the parties came to Police Station, the police obtained indemnity bond from both the parties and the said Monika continued to talk with the complainant over phone. It is further stated that on 06.10.2018 when the complainant along with others came to Kalaburagi Court for attending their case, the said Monika contacted him over phone and asked him to come to her house so that they can take meals about 3.20 p.m. Her brother namely the accused came to Kalaburagi Court and told the complainant that they will take meals in his house. Accordingly, the 4 complainant and the accused came to the house of Monika and on the same day at 10.00 p.m. the accused and complainant consumed beer. Thereafter, they were returning to house on a motorcycle and when the motorcycle was coming near Azadpur Cross at about11.30 PM, the accused started abusing the complainant stating that he is in love with his sister and he will finish him of, by saying so the accused assaulted on the back side of head with a chopper (Muchu), the complainant ran away from the spot and escaped from the clutches of accused, then filed the complaint. On the basis of the said complaint, the respondent-police have registered the case against three accused persons.
3. The petitioner has stated that he is innocent and he has nothing to do with the alleged crime, his bail petition was rejected by the Court below on the ground that investigation is in progress, but it is learnt that the investigation is almost completed and the complainant 5 is discharged from the hospital. The petitioner had no intention to commit the murder of the complainant. Therefore, the alleged overt act of the petitioner would fall under Section 324 of IPC, but not under section 307 of IPC. The complainant was discharged from hospital on 10.10.2018 and leading normal life. The petitioner is reasonably apprehending his arrest by respondent- police. He is permanent resident of Siddeshwar Colony, Kalaburagi having movable and immovable property and he is ready to furnish surety and abide by the conditions which may be imposed by the Court.
4. Heard the learned counsel for the petitioner and learned High Court Government Pleader.
5. The learned counsel for the petitioner submits that the complainant was discharged from the hospital on 10.10.2018 itself and he is leading normal life and there is no danger to his life. Hence, the petitioner may be enlarged on anticipatory bail. 6
6. Per contra, the learned High Court Government Pleader opposes the bail petition and submits that the investigation is in progress and there is a prima-facie material against the petitioner. Therefore, the anticipatory bail petition be rejected.
7. The allegations in the complaint does not make out any prior enimity between the complainant and petitioner and even it is also stated that at the time of alleged incident, both the complainant and accused were drunk. It appears that alleged incident took place due to the fact that the complaint is in contact with the sister of the petitioner. Certificate issued by the United Hospital dated 25.10.2018 is produced which goes to show that the complainant Mr. Babalu was admitted in the said hospital on 07.10.2018 and was discharged on 10.10.2018 within 4 days and a nature of injuries sustained by the complainant is not stated. It is not disputed that the petitioner is a labourer and 7 permanent resident of Siddeshwar Colony, Kalaburagi aged about 21 years. Therefore, the chance of absconding are remote. His presence for the purpose of investigation and trial can be secured by imposing necessary conditions. Under these circumstances, I am of the considered opinion that the petition deserves to be allowed. Accordingly, I proceed to pass the following...
ORDER The petition filed under Section 438 of Cr.P.C. is hereby allowed.
The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.314/2018 of University Police Station, on his executing a personal bond for Rs.1,00,000/- with one surety for the likesum to the satisfaction of the I.O. on following conditions.
1. The petitioner is directed to appear before the I.O. within 10 days from today. When the petitioner so appears before the I.O., his presence shall be treated as in custody for 8 the purpose of investigation under Section 27 of the Evidence Act.
2. The petitioner shall not threaten or allure the prosecution witnesses in any manner.
3. The petitioner shall appear and mark his attendance before the SHO of University Police Station on every 1st and 3rd Sunday of the month between 10.00 a.m. and 5.00 p.m. until the submission of the final report.
Sd/-
JUDGE SMP