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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 09TH DAY OF OCTOBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.6313/2017
BETWEEN:
NAGESHA,
S/O CHOCHCHANA KULLANNA RAMEGOWDA,
AGED ABOUT 40 YEARS,
R/OF HUNSAGAHALLI VILLAGE,
T.NARASIPURA TALUK,
MYSURU DISTRICT- 570 001.
… PETITIONER
(BY SRI K.L.SREENIVAS, ADV.,)
AND:
THE STATE OF KARNATAKA,
R/BY BANNUR POLICE STATION,
T.NARASIPURA TALUK,
MYSURU DISTRICT-570 001.
REP. BY STATE PUBLIC PROSECUTOR,
OFFICE OF THE STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-560001.
…RESPONDENT
(BY SRI.CHETAN DESAI, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.245/2017 OF BANNUR POLICE STATION,
MYSURU DISTRICT FOR THE OFFENCE P/U/S 504, 498(A)
307 OF IPC.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING
ORDER
This petition is filed by the petitioner/accused
under Section 439 of Cr.P.C. seeking his release on bail
for the offences punishable under Sections 504, 498A,
307 of IPC registered in respondent – police station
Crime No.245/2017.
3. Heard the arguments of the learned counsel
appearing for the petitioner/accused and also the
learned High Court Government Pleader appearing for
the respondent-State.
4. I have perused the grounds urged in the bail
petition, FIR, complaint and other materials produced
by the petitioner along with the petition.
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5. Looking into the complaint averments, the
wife of the present petitioner is the complainant wherein
she has stated that the petitioner was harassing his wife
subjecting her to cruelty demanding to bring property
from her parents, and on 08.07.2017 there was quarrel
between the petitioner and his wife, and as such his
wife took shelter for the entire night in the house of the
neighbour Uma. The petitioner noticing that came to
the neighbour’s house at about 6.45 A.M. on the next
morning i.e. 09.07.2017 abusing his wife assaulted on
her head with the stone and when she screamed, her
friend Uma and her father came and pacified the
quarrel. She was taken to hospital for treatment. On
the basis of the said complaint, case came to be
registered for the said offences.
6. As submitted by the learned counsel
appearing for the petitioner / accused, the injured has
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already been discharged from the hospital on the very
day. This goes to show that life of the petitioner’s wife is
safe and not in danger. The alleged offence under
Section 307 of IPC is though non-bailable in nature but
not punishable with death or imprisonment for life.
7. The petitioner has contended that he is
innocent of the alleged offence and has not committed
the said offence and he is falsely implicated and he has
undertaken to abide by any conditions to be imposed by
this Court.
8. Accordingly, petition is allowed.
Petitioner/accused is ordered to be released on bail for
the offences punishable under Sections 504, 498(A),
307 of IPC registered in Crime No.245/2017 subject to
the following conditions:
i. Petitioner has to execute a personal
bond for Rs.50,000/- and has to
5furnish one surety for the likesum to
the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of
the prosecution witnesses, directly or
indirectly.
iii. Petitioner has to appear before the
concerned Court regularly.
Sd/-
JUDGE
UN
