Santhosh vs State of Karnataka

Budihal R.B., J.—This petition is filed by petitioner-accused No. 1 u/s 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 307 and 341 of IPC registered in respondent-police station Crime No. 86/2013 now pending in S.C. No. 910/2013.

The brief facts of the prosecution case are that the complainant Kum Vinutha was the student of Women Peace School, Shankar Mutt and while she was going to the school, accused-petitioner was following her stating that he is in love with her. In that regard, the mother of the complainant had lodged the complaint in the police station. That on 25.3.2013 at about 2.30 p.m. when the complainant was going to her house on the road near Syndicate Bank, Narayanaswamy circle, accused wrongfully restrained her and asked her to love him as otherwise he would kill her, so saying, took out a knife and caused bleeding injuries to her neck and ran away and thereby attempted to kill her. On the basis of the said complaint, a case is registered against the petitioner arraying him as accused No. 1.

Heard the arguments of the learned counsel for the petitioner-accused No.-1 and also the learned Government Pleader for the respondent-State.

I have perused the averments made in the bail petition, FIR, complaint, statement of Kum. Vinutha recorded by the Investigating Officer and also other materials placed on record.

The investigation of the case is already completed and chargesheet has been filed and the matter is pending before the Sessions Court in S.C. No. 910/2013. I have perused the wound certificate issued from Shekhar Hospital, which shows that there are two injuries sustained by the complainant and they are mentioned as simple in nature. Learned counsel for the petitioner has also submitted that the injured has been discharged from the hospital and the life of the injured is out of danger, which fact is not disputed by the other side. The offences alleges are not exclusively punishable with death or imprisonment for life. Regarding the apprehension of the prosecution, reasonable conditions can be imposed, which will safeguard the interest of the prosecution.

Accordingly, petition is allowed. Petitioner is ordered to be released on bail of the offences punishable under Sections 307 and 341 of IPC registered in respondent-police station Crime No. 86/2013, subject to following conditions:-

(i) Petitioner-accused No. 1 shall execute a personal bond for a sum of Rs. 50,000/- and furnish one surety for the like sum to the satisfaction of concerned Court.

(ii) Petitioner shall not tamper with prosecution witnesses directly or indirectly.

(iii) Petitioner shall attend the concerned Court regularly.