Vishwa @ Vishwanath Gowda vs The State of Karnataka

A.S. Pachhapure, J.—The relationship between the complainant and the Petitioner were strained and there were altercations amongst them in the past, On 07.01.2011, the complainant was proceeding along with 3 persons at about 9:30 p.m. It is stated that near the auto stand the Petitioner and others were, present, holding a knife and bottles in their hands. They quarreled and threatened danger to the lives of the complainant and others. The Petitioner is to have caused injury with, the knife on the complainant and other accused also said to have caused art assault with the Bottles. It is in these circumstances that the crime came to be registered against the Petitioner in Crime No. 04/2011 for the offence punishable u/s 143, 147, 148, 504, 307 read with 149 of the IPC.

The Petitioner submits that he is innocent and has riot committed, any crime and has been falsely implicated in the case. He is ready and willing to abide by any conditions that may be imposed by court for his release on bail.

I have heard the teamed Counsel for the Petitioner and also the learned HCGP.

The offence registered is u/s 307 of IPC wherein the complainant heat sustained grievous injury and other simple injuries. He has been discharged from the hospital, anyhow it is relevant to know that there was an ill will between the parties even earlier to the incident and it is in these circumstances that the incident has occurred.

Taking into consideration the nature of the offence, the punishment provided and the feet that the Petitioner has been in custody for the last two months. I am of the opinion, that it is just and proper to grant a bail to the Petitioner with soma stringent conditions. The learned Counsel for the Petitioner has tiled a memo stating that, the Petitioner would attend the police station till conclusion of the trial.

Taking these into consideration the above said circumstances the petition is allowed. The Petitioner is ordered to he released on bail on his executing a personal bond for a sum of Rs. 50,000/- with one solvent surety for the like-sum to the satisfaction of the Jurisdictional Magistrate with the further following conditions:

(i) That the Petitioner shall attend the Police Station on every Sunday between 10.00 to 11.00 a.m. till the conclusion of the trial as undertaken by him.

(ii) He shall attend the Court regularly.

(iii) He shall not directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from any police officer.

(iv) He shall be made available for interrogation by a police officer as and. when he is required.