Shivaraja @ Eregowda vs State Of Karnataka

K. Natarajan, J

This petition is filed by petitioner-accused under Section 439 of Cr.P.C. for granting regular bail in Crime No.85/2020 registered by the Kodihalli

Police Station, Kanakapura Circle for the offences punishable under Sections 341, 326, 307 of IPC.

The case of the prosecution is that on the complaint of one Smt.Sukanya, wife of injured Veeresh who filed the complaint before the police on

31.07.2020 alleging that on 30.07.2020 at about 9.00 p.m. while her husband was coming to his house in a motor cycle at that time, the

petitioner/accused said to have prevented him from proceeding. Thereafter, the complainant and brother of injured â€" Chandresh tried to pacify the

quarrel and while coming back the petitioner again made an attempt to commit murder by assaulting on his neck and also on the chest with a knife.

Immediately, they shifted the injured to the Government hospital and thereafter to Bangalore Hospital. Thereafter, the complaint came to be

registered. The petitioner was arrested on 07.09.2020 and remanded to judicial custody. The petitioner approached the Sessions Judge for bail, which

came to be rejected. Hence, petitioner-accused is before this Court.

Learned counsel for the petitioner contended that the petitioner is innocent of the alleged offence and he has been falsely implicated in the case.

The petitioner is in custody from 07.09.2020. The injured has sustained only one grievous injury and other injuries are simple in nature. The police have

already completed the investigation and filed the charge sheet. Therefore, the presence of the petitioner is no more required by the Police. The

petitioner is ready to abide by any conditions to be imposed by this Court. Hence, prayed for granting of bail.

Learned High Court Government Pleader seriously objected for grant of bail and contended that the injuries are grievous in nature. The petitioner

has made an attempted to commit murder. If the petitioner is released on bail, he may commit similar offence and threatening the witnesses is not

ruled out. Hence, prayed for dismissal of the bail petition.

Upon hearing the arguments and perusal of the records, admittedly the injured was admitted to the hospital. The complainant and brother of injured

â€" Chandresha are eye witnesses to the incident. It is alleged that due to some financial dispute between the accused and the injured, on 30.07.2020,

the petitioner said to have assaulted the husband of complainant. Even after trying to pacify the quarrel, again this petitioner attempted to commit

murder by assaulting on the neck. The injured is already discharged from the hospital. The police is said to have recovered the knife after the arrest.

The charge sheet is already filed. The petitioner is in custody since from 07.09.2020 for more than 07 months. The presence of the petitioner may not

be required for the purpose of investigation, except for trial. Therefore, if the petitioner is granted bail by imposing stringent conditions, no prejudice

would be caused to the case of the prosecution. Accordingly, I pass the following:

ORDER

The criminal petition is allowed.

The Committal Court/trial Court is directed to release the petitioner-accused on bail in Crime No.85/2020 registered by Kodihalli Police Station,

Kanakapura Circle for the offences punishable under Sections 341, 326 and 307 of IPC, subject to the following conditions:-

i) Petitioner shall execute personal bond in a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for likesum to the satisfaction of the trial

Court;

ii) Petitioner strictly shall not indulge in similar offences;

iii) Petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;

iv) Petitioner shall take trial without causing any delay;

v) Petitioner shall not leave the jurisdiction of the Court without prior permission.