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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MRS.JUSTICE M.G. UMA

CRIMINAL PETITION No.4289 OF 2021

BETWEEN:

SANTHOSH @ PULLI
S/O DASE GOWDA
AGED ABOUT 36 YEARS
R/O NEAR SAMUDYA BHAVANA
DASARA KOPPALU
HASSAN TALUK & DISTRICT-573 201.
… PETITIONER

(BY SRI: GIRISH B BALADARE, ADVOCATE (PH))

AND:

STATE BY PENSION MOHALLA POLICE STATION

HASSAN DISTRICT
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU-560 001.
… RESPONDENT

(BY SRI: H.R.SHOWRI, HCGP (PH))

THIS CRIMINAL PETITION IS FILED UNDER SECTION 439

OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.22/2021 OF PENSION MOHALLA P.S., HASSAN DISTRICT
FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 504, 232,
234, 307 READ WITH SECTION 34 OF IPC.

THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS

DAY, THE COURT PASSED THE FOLLOWING:
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ORDER

The petitioner-accused No.1 is before this Court

seeking grant of bail under Section 439 of Cr.P.C. in Crime

No.22/2021 of Pension Mohalla Police Station, on the basis

of the first information lodged by the informant for the

offences punishable under Sections 307, 323, 324 and 504

read with Section 34 of the Indian Penal Code (for short

'IPC').

2. Brief facts of the case are that, on 26.03.2021

the informant along with his friend Purna went out for a

walk near Royal Apollo College, wherein accused Nos.1 and

2 were found consuming alcohol. The accused were

having ill-will against the informant and they picked up

quarrel with the informant, with an intention to cause his

death. Accused No.1 assaulted the informant on his chest

with a knife. Accused No.2 assaulted with beer bottle on

his head and left ear, as a result of which, the informant

sustained injuries. The accused have also assaulted the

informant with hands. Immediately, he was shifted to

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Government Hospital at Hassan, wherein he took

treatment. Therefore, the informant requested the police

to register the case and to initiate legal action against the

accused. Accordingly, the police registered the case and

took up investigation. It is stated that now the

investigation is completed and the charge sheet is yet to

be filed.

3. Heard Sri.Girish B Baladare, learned Counsel

for the petitioner and Sri.H R Showri, learned High Court

Government Pleader for the respondent -State. Perused

the materials placed on record.

4. Learned Counsel for the petitioner submitted

that the petitioner is arrayed as accused No.1. He has not

committed any offence as alleged. He was apprehended on

05.04.2021 and since then he is in judicial custody. As per

the wound certificate, the injured has sustained only one

injury over the chest and he was discharged on the very

next day. There are no materials to invoke Section 307 of

IPC. The investigation is already completed. Therefore,

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detention of the petitioner in custody would amount to

pre-trial punishment. The petitioner is the permanent

resident of the address mentioned in the cause title of the

petition and is ready and willing to abide by any of the

conditions that would be imposed by this Court. Hence, he

prays to allow the petition.

5. Per contra, learned High Court Government

Pleader opposing the petition submitted that serious

allegations are made against the petitioner for having

committed the offences. The petitioner is a habitual

offender. He is involved in 4 other similar cases, wherein,

Sections 302, 307 and 397 of IPC are invoked. Looking to

the criminal antecedents of the petitioner, he is not

entitled for grant of bail. Hence, he prays for dismissal of

the petition.

6. In view of the rival contentions urged by the

learned counsel for both the parties, the point that would

arise for my consideration is:

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“Whether the petitioner is

entitled for grant of bail under Section
439 of Cr.P.C.?”

My answer to the above point is in the ‘Affirmative’

for the following:

REASONS

7. On perusal of the material placed on record, it

is seen that the petitioner has committed specific overt act

of assaulting the injured with knife on his chest. The

wound certificate discloses simple injury on the chest of

the informant. It is stated that the investigation is already

completed. Admittedly, the petitioner is involved in four

other cases. Learned counsel for the petitioner submitted

that in other cases, the petitioner has already been

acquitted. Even though registration of criminal cases for

having committed similar offence is to be taken note of

while considering the bail application filed by the

petitioner, the same cannot be a ground to detain the

petitioner in custody for an indefinite period. Hence, I am

of the opinion that the petitioner is entitled to be enlarged

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on bail subject to conditions, which will take care of the

apprehension expressed by the learned High Court

Government Pleader that the petitioner may abscond or

may tamper or threaten the prosecution witnesses.

8. Accordingly, I answer the above point in

‘Affirmative’ and proceed to pass the following:

ORDER

The petition is allowed.

The petitioner is ordered to be enlarged on bail in

Crime No.22/2021 of Pension Mohalla Police Station on

obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two

Lakhs only) with two sureties for the likesum to the

satisfaction of the jurisdictional Court, subject to the

following conditions:

a). The petitioner shall not commit similar

offences.

b). The petitioner shall not threaten or

tamper with the prosecution witnesses.
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c). The petitioner shall appear before the

Court as and when required.

If the petitioner is found to have involved in other

cases, the prosecution will be at liberty to move the Trial

Court for cancellation of bail.

Sd/-
JUDGE

*bgn/-