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IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 3RD DAY OF APRIL 2014

BEFORE

THE HON'BLE MR. JUSTICE R.B.

CRIMINAL PETITION NO.1592 OF 2014

BETWEEN:

CHITRALINGAPPA S/O.PUTTAIAH AGED ABOUT 25 YEARS OCC: AGRICULTURIST R/O.HULAGALGUNTE TALUK DISTRICT PIN – 577 214. ... PETITIONER (BY SRI.DINESH KUMAR RAO.K, ADV.,)

AND:

THE STATE OF KARNATAKA BY POLICE CIRCLE PIN – 577 527. ... RESPONDENT

(BY SRI.K.NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.25/14 OF SRIRAMPURA P.S., CHITRADURGA, FOR THE OFENCES P/U/S 504, 324, 307, 506 R/W. 34 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-

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ORDER

This is the petition filed by the petitioner – accused No.1 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 504, 324, 307, 506 r/w.Section 34 of

IPC registered by the respondent – police in

Crime No.25/2014.

2. The brief facts of the prosecution case that on

09-02-2014, the complainant and one Halesha had been to attend a marriage of their relative at Dasarath

Rameshwara Vajra village and they were sitting under a tree, and that Halesha had left the place saying that he would bring his motorcycle. At that time, petitioner and others picked up quarrel with the complainant saying that due to the complaint, he had lost his land and abused him. The petitioner and another assaulted the complainant with stone and petitioner tried to throttle the complainant by his hands. At that time, Halesh and

Ramesh abused the petitioner and another. The

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petitioner abused the complainant with dire consequences. On the basis of the said complaint, case has been registered against the present petitioner for the alleged offences.

3. Heard the arguments of the learned counsel appearing for the petitioner – accused No.1 and also learned High Court Government Pleader for the respondent – State.

4. Learned counsel for the petitioner submitted that there is a land dispute between the complainant as well as the present petitioner and because of that reason, complainant forcibly implicated the present petitioner along with other accused persons by making false allegations. He also made the submission that petitioner is not at all involved in the case. Even the injuries said to have been sustained by the complainant are only two lacerated wounds and the complainant has already been discharged from the hospital. Hence, he

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submitted by imposing reasonable conditions, petitioner may be admitted to bail.

5. As against this, learned High Court

Government Pleader during the course of his argument submitted that it is not in dispute that the complainant is discharged from the hospital. But he made the submission that complainant himself is the injured witness in this case and offence alleged under Section

307 of IPC is a serious offence. The case is still under investigation and at this stage, petitioner is not entitled to be granted with bail.

6. I have perused the averments made in the bail petition and other materials placed on record. In the injury certificate, the injuries mentioned are two lacerated wounds. But, however, the doctor kept the opinion pending for feed back report. But both the sides submitted that injured – complainant has been already discharged from the hospital, which goes to

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show that the life of the complainant is out of danger.

The offences alleged are also not exclusively punishable with death or imprisonment for life. Petitioner has undertaken in his bail petition that he is ready to abide by any of the reasonable conditions to be imposed by this Court. Therefore, looking to the materials on record, I am of the opinion that by imposing reasonable conditions, petitioner – accused No.1 can be admitted to bail.

7. Accordingly, petition is allowed.

The petitioner – accused No.1 are ordered to be released on bail for the offences punishable under Sections 504,

324, 307, 506 r/w.Section 34 of IPC registered by the respondent – police in Crime No.25/2014, subject to the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety for the likesum to the satisfaction of the concerned Court;

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(ii) The petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;

(iii) The petitioner shall appear before the concerned Court regularly.

Sd/- JUDGE

VMB