Karnataka High Court
Chandrakant vs The State Of Karnataka, on 4 September, 2018
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 04TH DAY OF SEPTEMBER 2018
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION No.200781/2018
BETWEEN:
CHANDRAKANT S/O SIDRAMAPPA BASHETTY
AGE: 52 YEARS OCC: AGRICULTURE
R/O: SONTH TQ: DIST: KALABURAGI-580909
... PETITIONER
(BY SRI.MOGHA SUDHAKAR RAO, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH KAMALAPUR POLICE STATION
KAMALAPUR TQ: DIST: KALABURAGI
THROUGH ADDITIONAL STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
KALABURAGI BENCH
... RESPONDENT
(BY SRI.MALLIKARJUN SAHUKAR, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CRIMINAL PROCEDURE CODE PRAYING TO ALLOW
THE BAIL PETITION AND RELEASE THE ACCUSED
PETITIONER ON REGULAR BAIL IN CRIME NO.69/2018 FIR
NO.62/2018 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 341, 323, 354, 355, 504 AND 506 READ WITH
SECTION 34 OF INDIAN PENAL CODE AND SECTIONS 3(1)
(r) AND 3(1) (w), PENDING BEFORE THE II ADDITIONAL
DISTRICT AND SESSIONS JUDGE, KALABURAGI.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner/accused No.1 has filed this petition praying to enlarge him on bail in Crime.No.69/2018 of Kamalapur Police Station, registered for the offences punishable under Sections 341, 323, 354, 355, 504 and 506 read with Section 34 of Indian Penal Code and Sections 3(1) (r) and 3 (1) (w) of SC/ST (POA) Act, 1989, pending before the II Additional District and Sessions Judge, Kalaburagi.
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2. The complainant has alleged in her complaint that, on 01.07.2018 at about 04.00 p.m. when she was sitting in front of Tukaram Pola Book Stall, near Basaveshwara Circle waiting for the Tempo, at that time the petitioner-accused No.1 came near her and expressed that she is beautiful etc., and he outraged her modesty and also gave threat to her life by telling her that, if she informs the matter to her husband or to her brother-in- law, she will be killed. It is further stated that, at about 05.00 p.m. when she was near the clinic of one Dr.Narasimha, the son of accused No.1 viz., Rajanikant/Accused No.2, came there and abused her in filthy language by taking the name of her caste, insulted her, took chappal and assaulted on her head about 2 to 3 times.
3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-state. 4
4. The learned counsel for the petitioner submits that, there is an inordinate delay in lodging the complainat and a false case has been filed against the petitioner and his minor son on account of previous enemity. He further submits that, the petitioner who is aged about 52 years was arrested on 04.07.2018 and since then he is in judicial custody. The petitioner is ready and willing to abide by any conditions, which may be imposed by this court. Hence, he prayed to allow the petition.
5. Per contra, the learned High Court Government Pleader opposed the grant of bail to the petitioner and submitted that investigation is still under progress and hence if bail is granted then he will obstruct the investigation and sought to reject the petition.
6. That, no doubt the allegations made against the accused are serious in nature. However, the petitioner was arrested on 04.07.2018 and most part of the investigation is said to have been completed. The apprehension of the prosecution can be safeguarded by imposing suitable conditions.
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7. Hence, I am of the view that, the petitioner can be released on bail by imposing conditions. Accordingly, I proceed to pass the following;
ORDER The petition is allowed.
The petitioner shall be released on bail in connection with Crime No.69/2018 of Kamalapur Police Station, registered for the offences punishable under Sections 341, 323, 354, 355, 504 and 506 read with Section 34 of Indian Penal Code and Sections 3(1) (r) and 3 (1) (w) of SC/ST (POA) Act, 1989, pending before II Additional District and Sessions Judge, Kalaburagi, on the following conditions;
i. The petitioner shall execute a personal bond in a sum of Rs.1,00,000/- (Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the committal/trial Court. 6 ii. The petitioner shall not either directly or indirectly threaten or tamper the prosecution witnesses.
iii. The petitioner shall mark his attendance before the jurisdictional police station on every Saturday between 10.30 a.m. and 02.30 p.m. iv. The petitioner shall co-operate with the investigation of the case.
v. The petitioner shall not leave the jurisdiction of the trial Court, without the prior permission of the learned Sessions Judge.
If any of the above conditions are violated, then the prosecution is at liberty to move for cancellation of bail.
Sd/-
JUDGE KJJ