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Punitha v/s State by Turuvekere Police Turuvekere, Rep. by SPP, Bengaluru


Company & Directors' Information:- REP CORPORATION PRIVATE LIMITED [Strike Off] CIN = U26921TN2005PTC055138

    Crl.P. No. 3883 of 2020

    Decided On, 10 September 2020

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE K. SOMASHEKAR

    For the Petitioner: L. Sudharshan, Advocate. For the Respondent: Rashmi Jadhav, HCGP.



Judgment Text


(Prayer: This Criminal Petition is filed under Section 439 CR.PC by the Advocate for the Petitioner praying, that this Hon'ble Court may be pleased to enlarge the petitioner on bail in CR.No.134/2020 of Turuvekere P.S., Tumkuru District for the offence punishable under Section 504,324,307 of IPC.)

Through video conferencing:

1. This is a petition filed under Section 439 Cr.PC by the accused in Crime No.134/2020 registered by Turuvekere Police Station, for the offences punishable under Section 307, 324 & 504 IPC.

2. The accused is in judicial custody since from the date of his arrest, and therefore, learned Counsel for the petitioner is praying for enlargement of the petitioner on regular bail, amongst the grounds urged therein.

3. It transpires from the complaint that there is a civil dispute pending between the injured victim Vasanth Kumar, resident of Muniyuru village and the accused/petitioner herein in respect of a site property and that the said suit is pending before the Civil Judge & JMFC at Turuvekere. In the said suit, the court has ordered the parties to maintain status quo. That on 22.06.2020, when the complainant - Vasanth Kumar and one Chethan had been to the site property at about 10.30 a.m., the petitioner/accused picked up quarrel with the complainant by abusing him in filthy words and suddenly the petitioner assaulted Chethan with chopper and Chethan sustained injuries on his right and left hands and thereafter the accused assaulted on the head of the complainant and hence he sustained bleeding injuries. Thereafter, the complainant was shifted to the hospital and based on his statement, FIR was registered in Crime No.134/2020 for the aforesaid offences.

4. Learned Counsel for the petitioner appearing through video conference submits that Chethan has not sustained any injuries and the allegation in that connection in the complaint is false. Learned Counsel has produced the discharge summary report of injured Vasanth Kumar and so also the CT scan report for the perusal of this Court and also for consideration of petition seeking bail. He submits that the injured Vasanth Kumar was discharged from the hospital on the same day after treatment and that there is no danger to his life. He submits that the petitioner is an innocent person and that he has not committed the alleged offences as narrated in the complaint. He submits that the present complaint is a counterblast to the suit pending between Vasanth Kumar and the petitioner herein. He further submits that the petitioner has got deep roots in the society and that he is ready to abide by any terms and conditions that may be imposed by this Court while granting bail.

5. On the other hand, learned HCGP for the State has appeared in person before the Court and has taken me through the averments made in the complaint and the material collected by the Investigating Officer. She submits that the accused has made an attempt to take away the life of the injured Vasanth Kumar by assaulting him with a chopper. She further submits that the case is still under investigation and if the accused is released on bail, certainly he would come in the way of the prosecution and destroy the case of the prosecution.

6. Having regard to the rival contentions, it is relevant to refer to the contents of the FIR and the materials secured by the Investigating Officer subsequent to the registration of the FIR. The Investigating Officer has conducted the spot mahazar and has collected blood stained mud and also blood stained clothes of the injured and also recorded the statement of the witnesses namely, Chethan. As per the voluntary statement of the accused, the Investigating Officer has seized the chopper/sickle from the custody of the accused. The case is still under investigation and the charge sheet is yet to be filed. Therefore, at this stage, it does not require any detailed discussion to consider the bail petition. Without expressing any opinion with regard to the merits of the case, this Court is of the view that having regard to the facts and circumstances of the case, more so, for the reason that the petitioner is in custody since from the date of his arrest, it is a fit case to enlarge the petitioner on bail.

7. However, the apprehension of the learned HCGP that if the accused is released on bail, certainly he would try to destroy the case of the prosecution by tampering with the evidence, can be addressed by imposing stringent conditions on the accused to safeguard the interest of the prosecution. The parameters for consideration of bail petition are whether the accused is readily available to face the trial, whether the accused had come in the way of the prosecution case in respect of the cited witnesses, whether the prosecution is required to establish the case against the accused by putting forth the evidence to prove the guilt of the accused before the Trial Court. However, the said parameters could be satisfied by imposing rider on the accused that he shall not come in the way of the prosecution to any extent as he is requiring to face trial. Accordingly, I proceed to pass the following:

ORDER

The petition is allowed. The petitioner is directed to be released on bail in Crime No.134/2020 of Turuvekere Police Station, subject to the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like sum to the satisfaction of the concerned court in Crime No.134/2020 of Turuvekere Police Station;

(ii) Th

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e petitioner shall co-operate with the Investigating Officer during the course of investigation; (iii) The petitioner shall not tamper or hamper the prosecution witnesses; (iv) The petitioner shall mark his attendance once in a month on the first week of Sunday in between 10 a.m. and 5 p.m. as per the English monthly calendar before the SHO in Crime No.134/2020 for a period of six months; (v) The petitioner shall not indulge in any criminal activities henceforth; 8. If the petitioner violates any of the aforesaid conditions, the bail order shall automatically stand cancelled.
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