Usmansab @ Subhani vs State of Karnataka

Anand Byrareddy, J.—Heard the learned counsel for the petitioner and the learned Government Pleader. The complainant was one Mohammed Rafiq of Aladakatti village, Haveri Taluk. The complaint was filed on 26.08.2012 to the following effect: That he is a permanent resident of Aladakatti village Haveri taluk and he was married to one Mumtaz d/o Allasab Badiger and he was residue with her. She had gone to her parent''s house for the Ramzan festival and was yet to return. Two days'' prior to the complaint it transpires that the petitioner''s brother-in-law had called him up on his cell phone and informed him that a person who was due to repay certain money and requested him to go along with him to collect it. Therefore he went along with his brother-in-law to the bus stand near varadi cross and waited for the person to turn up. Since he did not come they decided to wait for him on the next day. On 25.08.2012 after finishing his routine as a Mason the complainant was getting ready to go to his wife''s maternal home and again at 6.00 p.m. the present petitioner is said to have called up and informed him that he was at Hosalli and that he should go there and collect the money from the one who was to hand over the money. The complainant thinking that he could go to his wife''s maternal home after going to Hosalli had gone on his motorcycle to varadi cross and waited for the person to turn up, till 8.00 p.m. But none came. The complainant was standing in the middle of the bridge over a river. It was alleged by the complainant that the petitioner had suddenly come behind him and attacked him with a knife on his neck. The complainant is said to have shouted for help and avoided the knife thrusts, but however he sustained injury on his left hand. The complainant was then sought to be pushed into the river by the petitioner. However, he managed to resist. On seeing a motorcyclist come along the petitioner is said to have run away.

It is on this basis that after seeking first aid the complaint has lodged a case with the Haveri Rural Police Station and after recording the statement of the complainant proceedings have been initiated against the petitioner and the petitioner along with the complainant''s wife have been arrested. The Complainant while reporting the incident to the Police had suspected his wife of joining hands with the petitioner in the attempted murder and they were both taken into custody. It is in the above background that both the petitioner and the complainant''s wife had approached the Court below seeking bail.

It transpires that the petition of the petitioner and the wife of the complainant were considered while the wife of the complainant was enlarged on bail the petitioner''s case has been rejected. It is in that background that the present petition is filed. Given the allegations and the nature of the injury suffered by the complainant which is now stated to be a simple injury the allegations against the petitioner will necessarily have to be established before the trial Court. Therefore, the petitioner shall be enlarged on bail on his furnishing a personal bond for a sum of Rs. 20,000/- with a solvent surety for the likesum with the following conditions.

The petitioner shall not leave the jurisdiction of the trial Court without seeking leave of that Court.

The petitioner shall make himself available to the Investigating Authority as and when required for the purposes of investigation.

The petitioner shall not interfere with the trial, threaten or induce any witnesses for the prosecution.