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Judgment
S Vishwajith Shetty, J
Accused No.1 in Crime No. 142/2023 registered by Nayakanhatti police station, Chitradurga for the offences punishable under Sections 114, 307, 327, 498A, 504, 506 and 34 of IPC, is before this Court under Section 439 of Cr.P.C.
Heard the learned counsel for the parties.
On the basis of the complaint lodged by Smt.Sudha P., wife of Shivakumar T., on 11.08.2023, Nayakanhatti Police, Chitradurga have registered FIR in Crime No.142/2023 for the aforesaid offences against the petitioner and another. In the complaint, it is averred that complainant was married to accused No.1-Shivakumar about 15 years prior to the date of complaint and from the wedlock, they have two children. Initially, the accused No.1 was looking after his wife and children but subsequently, started neglecting them. On 23.02.2023, accused No.1 allegedly left the house and had not returned. The complainant and her mother-in-law had therefore approached the jurisdictional Police Station and lodged a missing complaint. Subsequently, complainant came to know that her husband-Shivakumar was residing at Nayakanhatti along with a woman. Therefore, she went to the house, where accused No.1 was residing and in the said house, she found that accused No.1 was residing along with accused No.2. After seeing the complaint, accused No.1 allegedly abused and assaulted her and also snatched her jewelry. The incident had taken place in the house of accused No.1 on 11.08.2023. The complainant had suffered injuries in the said incident and therefore, she had approached the police and lodged a complaint against the petitioner and another.
During the course of investigation, petitioner was arrested on 27.11.2023. The bail application filed before the Court of the Principal District and Sessions Judge, Chitradurga in Crl.Mis.No.1641/2023 was rejected on 20.12.2023. Therefore, he is before this Court.
Learned counsel for the petitioner having reiterated the grounds urged in the petition prays to allow the petition.
Per contra, learned High Court Government Pleader has opposed the bail application.
From a reading of the complaint averments, it is seen that the allegation of assault on the injured complainant is against the petitioner herein. He allegedly had assaulted the injured on her right hand with a wooden piece. As a result of the said assault, the complainant has suffered fracture of right forearm bone. The said injury is certified as grievous injury by the hospital where the complainant was treated. The petitioner is in custody from 27.11.2023. Major portion of the investigation is completed. Undisputedly, petitioner has no criminal antecedents. Under these circumstances, I am of the view that the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly, the following:
ORDER
Petition is allowed. The petitioner/accused No.1 is directed to be enlarged on bail in Crime No.142/2023 registered by Nayakanhatti police station, Chitradurga for the offences punishable under Sections 114, 307, 327, 498A, 504, 506 and 34 of IPC, subject to the following conditions:
i. The petitioner shall execute personal bond for a sum of Rs.1,00,000/- with 2 sureties for the likesum to the satisfaction of the jurisdictional Court;
ii. The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
iii. The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
iv. The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.