Karnataka High Court
Sri Lohith vs The State Of Karnataka on 21 July, 2022
Author: H.P.Sandesh
Bench: H.P.Sandesh
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY 2022
BEFORE
THE HON'BLE MR.JUSTICE H.P.SANDESH
CRIMINAL PETITION NO. 6011 OF 2022
BETWEEN:
SRI LOHITH
S/O MANJAPPA
AGE 21 YEARS
OCC: MASON
R/O 8TH CROSS, JAYANAGAR
TALUK SHIKARIPURA
PIN CODE - 577427
...PETITIONER
(BY SRI S M KALWAD, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH SHIKARIPURA RURAL POLICE STATION
REP. BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU.
...RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 439
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.124/2022 OF SHIKARIPURA RURAL P.S., SHIVAMOGGA
FOR THE OFFENCE P/U/S 307, 504 READ WITH SECTION 34 OF
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IPC, PENDING ON THE FILE OF THE II ADDL. DISTRICT AND
SESSIONS JUDGE, SHIVAMOGGA.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No.124/2022 registered by Shikaripura Rural Police Station, Shivamogga, for the offence punishable under sections 307, 504 read with section 34 IPC.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The factual matrix of the case of the prosecution is that on 30.5.2022 at 8.30 PM the complainant went to Bar to consume brandy. When he was sitting on a table, a person who was sitting on the other table questioned him as to why he is staring at him. Immediately he rushed towards the counter and the said person came there and expressed that he had earlier -3- committed a murder and he was released from jail, immediately twisted on his face, as a result of which the complainant sustained bleeding injuries and his friend, i.e., this petitioner who was having beer bottle inflicted injuries on the back of his head and caused injuries. Both of them immediately expressed that they are going to take away his life and kicked on his chest and stomach and also on his private part with an intention to take away the life and the said incident was witnessed by Ramu and Rajappa, and both of them pacified the quarrel.
4. The learned counsel for the petitioner submits that the incident took place on 30.5.2022 and from that date this petitioner is in custody for 51 days. Counsel also relied upon the out patient slip and also contended that this petitioner inflicted injury with beer bottle only, some blood came out from the complainant's head and the complainant is out of danger. Therefore the petitioner may be enlarged on bail.
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5. Per contra, the learned High Court Government Pleader appearing for the respondent-State submits that this petitioner inflicted injury on the complainant with beer bottle that too on the head. An allegation is also made that this petitioner mercilessly kicked on the stomach as well as chest as a result of which the complainant got injured. Hence, the petitioner may not be enlarged on bail.
6. Having heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State and also on perusal of the material available on record, this petitioner was immediately apprehended and he is in custody from the date of arrest and the incident had taken place on 30.5.2022. This court has to take note of the circumstances under which the incident had taken place in the Bar where both of them had gone to consume alcohol. Taking into consideration the nature of the injuries and the allegation made in the complaint and also considering the -5- accusations and the gravity of the offence, this court is of the view that it is a fit case to exercise power under section 439 Cr.P.C and enlarge the petitioner on bail subjecting him to conditions. Hence, I pass the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No. 124/2022 registered by Shikaripura Rural Police Station, Shivamogga, for the offence punishable under sections 307, 504 read with section 34 IPC, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future -6- hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against him is disposed of.
Sd/-
JUDGE ckl