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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF JULY, 2021
BEFORE
THE HON’BLE MRS.JUSTICE M.G.UMA
CRIMINAL PETITION NO.3898 OF 2021
BETWEEN :
MR. GOUTHAM KRISHNA
AGED ABOUT 31 YEARS
S/O MANJUNATH
R/AT THANIGEBYLU
JAYAPURA
TARIKERE TALUK
CHIKKAMAGALURU DISTRICT
KARNATAKA – 577 129
…PETITIONER
(BY SRI.P.P. HEGDE, ADVOCATE)
AND :
THE STATE OF KARNATAKA
THROUGH LINGADAHALLI POLICE
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU – 560 001
… RESPONDENT
(BY SRI. H.R. SHOWRI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C PRAYING THIS COURT TO ENLARGE THE
PETITIONER ON BAIL IN CRIME NO.31/2021 OF
LINGADAHALLI POLICE STATION, CHIKKAMAGALURU
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DISTRICT FOR THE OFFENCE PUNISHABLE UNDER
SECTINS 279, 498A, 324, 354, 307, 506 AND 504 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The petitioner/accused is before this Court
seeking grant of bail under Section 439 of Cr.P.C. in
Crime No.31 of 2019 of Lingadahalli Police Station, on
the basis of the first information lodged by the
informant for the offence punishable under Sections
279, 498-A, 324, 354, 307, 504 and 506 of the Indian
Penal Code (for short ‘IPC’).
2. Brief facts of the case are that, the accused
is her husband and there was a family dispute
between the two. Therefore, she started residing in
her parental house. On 01.04.2021, at about
9.00 a.m., the accused came to the parental house of
the informant in his Omni Car bearing registration
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No.KA-19/M-0575 and started abusing the informant
in filthy language. At that time, the villagers advised
him to come along with his father to settle the matter.
Without heeding to their advise, the accused
trespassed into the house and criminally intimidated
that he would cut the limbs of the informant and
assaulted to her left leg with a chopper. The accused
tried to kidnap his 2nd child. When the informant
asked to give her child back, the accused caught hold
of her hair and drove the car in a rash and negligent
manner. As a result, the informant fell on the road,
sustained injuries which could have caused her death.
In the meanwhile, the villagers came and intervened
in the matter and immediately, she was shifted to the
Hospital. Therefore, the informant requested the
police to register the case and to initiate legal action
against the accused. Accordingly, the police
registered the case and took up investigation. It is
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stated that now the investigation is completed and the
charge sheet is also filed.
3. Heard Sri. P.P. Hegde, learned Counsel for
the petitioner and Sri. H.R. Showri, learned HCGP for
the respondent -State. Perused the materials placed
on record.
4. Learned Counsel for the petitioner
submitted that the petitioner is innocent and has not
committed any offences as alleged. The dispute is
between the husband and wife and as a result, she
started residing in her parental house. Neither Section
279 or Section 307 of IPC are attracted to the facts of
the case. The wound certificate produced before the
Court would disclose that the informant had sustained
only simple injuries. The petitioner has been falsely
implicated in the matter without any basis. He was
apprehended on 01.04.2021 and since then he is in
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judicial custody. The investigation has been completed
and the charge sheet is also filed. Since the
investigation is already completed, detention of the
petitioner in custody would amount to pre-trial
punishment. The petitioner is the permanent resident
of the address mentioned in the cause title of the
petition and is ready and willing to abide by any of the
conditions that would be imposed by this Court.
Hence, he prays to allow the petition.
5. Per contra, learned High Court Government
Pleader opposing the petition submitted that serious
allegations are made against the petitioner for having
committed the offences. There are eye witnesses to
the incident. The material placed before the Court
would show that there was a clear intention of causing
the death to the informant. Looking to the facts and
circumstances of the case, the accused is not entitled
for grant of bail. If the petitioner is enlarged on bail,
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he may abscond or may tamper or threaten the
prosecution witnesses Hence, he prays for dismissal of
the petition.
6. In view of the rival contentions urged by
learned counsel for both the parties, the point that
would arise for my consideration is:
“Whether the petitioner is
entitled for grant of bail under
Section 439 of Cr.P.C.?”
My answer to the above point is in the
‘Affirmative’ for the following:
REASONS
7. The allegations made against the petitioner
is of serious nature. The wound certificate would
disclose that the informant sustained simple injuries.
Admittedly, the investigation is completed and the
charge sheet is also filed. Therefore, detention of the
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petitioner in custody would amount to pre-trial
punishment. Hence, I am of the opinion that the
petitioner is entitled to be enlarged on bail subject to
conditions which will take care of the apprehension
expressed by the learned High Court Government
Pleader that the petitioner may abscond or may
tamper or threaten the prosecution witnesses.
8. Accordingly, I answer the above point in
the affirmative and proceed to pass the following:
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail
in Crime No.31 of 2019 of Lingadahalli Police Station
on obtaining the bond in a sum of Rs.2,00,000/-
(Rupees Two Lakhs only) with two sureties for the
likesum to the satisfaction of the jurisdictional Court,
subject to the following conditions:
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a). The petitioner shall not commit
similar offences.
b). The petitioner shall not threaten or
tamper with the prosecution
witnesses.
c). The petitioner shall appear before the
Court as and when required.
If in case the petitioner violates any of these
conditions, the prosecution is at liberty to move the
trial Court for cancellation of bail.
Sd/-
JUDGE
Mds.