Anticipatory bail may be granted subject to the conditions which will take care of the interest of the prosecution: Karnataka High Court

 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER 2020 THE HON’BLE MR.JUSTICE M.G.UMA CRIMINAL PETITION NO.5870 2020 BETWEEN : Nagaraja R. S o V.Ramachandra Shetty Aged about 42 years R o Kuramballi Suduru Mandagatta Post Shivamogga 577 211. …Petitioner By Sri.Prasad B.S. Advocate) AND : State of Karnataka By Kumsi P.S. Rep by SPP High Court Building Bangalore 560 001. … Respondent By Sri.Vinayaka V.S. HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.196 2020 of Kumsi P.S. Shivamogga for the offence P U S 326 307 of IPC. 2 This Criminal Petition coming on for orders this day the Court made the following: O R D E R The petitioner is before this Court seeking grant of anticipatory bail under Section 438 of Cr.P.C. and to release him on bail in the event of his arrest in Crime No.196 2020 of Kumsi Police Station Shimoga registered on basis of the first information alleged by the injured Thimmappa against the present petitioner for the offences punishable under Sections 326 and 307 of IPC. The brief facts of the case are that the statement of the injured was recorded by the police on 09.10.2020 while he was admitted in Mc.Gann Hospital Shimoga stating that there was dispute between him and the petitioner in the matter of an agricultural land and there used to be frequent quarrels. On 09.10.2020 at about 8.00 a.m. when the informant was in front of the shop near his house the petitioner accused armed with club came from behind and assaulted on his hand leg 3 and other parts of the body with an intention to cause his death. As a result of which the complainant sustained bleeding injuries. Immediately the relatives of the complainant came and shifted him to the hospital. Therefore he requests for registering the case and accordingly the police have registered the case and took up investigation. Learned counsel for the petitioner submitted that a false complaint is came to be lodged against the petitioner as a counter blast for the earlier complaint lodged by his wife against the informant. The Learned counsel submitted that the wife of the petitioner lodged a complaint against the informant in Crime No.195 2020 at Kumsi Police Station for the offences punishable under Sections 341 354 354(A) 354(B) of IPC. It is alleged that the complainant tried to outrage the modesty of the wife of the present petitioner. In order to escape from his criminal liabilities the complainant got himself admitted to the hospital and gave a statement falsely implicating 4 the present petitioner. The complainant is already discharged from the hospital and he has not sustained any injuries. The petitioner is not required for custodial interrogation. His permanent residential address mentioned in the petition. The petitioner is ready and willing to abide by any of the conditions that may be imposed by this Court and he prays to allow the petition. Per contra learned HCGP opposing petition submitted that serious allegations are made against the petitioner for having committed the offences. Earlier complaint lodged by the wife of the petitioner has to do with the present complaint. The investigation is at the initial stage. The petitioner is absconding since the date of the registration of the case. Hence he prayed for dismissal of the petition. Perused the material on record in the light of the rival submissions. 5 Crime No. 195 2020 was registered against the first information in the present case in Kumsi Police Station for the offences punishable under Sections 341 354 354(A) 354(B) of IPC. The said complaint was came to be lodged on 09.10.2020 between 6.00 6.45 p.m. The present complaint was registered on the very same day at 9.00 p.m. on the basis of the statement of the complainant recorded while he was taking treatment in the hospital. The medical records are not made available. But however it is admitted that the first informant is already discharged from the hospital. Considering all these facts and circumstances and in the light of the allegations made against the petitioner I am of the considered opinion that the petitioner may be granted anticipatory bail subject to the conditions which will take care of the interest of the prosecution. Hence I proceed to pass the following: The petition is allowed. 6 The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.196 2020 of Kumsi Police Station. The petitioner is directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on his appearance the Investigating Officer shall enlarge him on bail subject to the following conditions: i) The petitioner shall execute a bond in a sum of Rs.2 00 000 with two sureties for the likesum to the satisfaction of the jurisdictional Court subject to the following conditions: ii) He shall not commit similar offence. iii) He shall appear before the Investigating Officer iv) He shall not threatened or tamper with the as and when required. prosecution witnesses. Sd JUDGE 

Summary: The petitioner was granted anticipatory bail, considering all the facts and circumstances and in light of the allegations made against him, however he is directed to appear before investigating officer within fifteen days of receipt of order. Karnataka High Court held in Nagaraja R. v. State of Karnataka (Crl. Petition No. 5780/2020) Facts of the case are, the statement of the injured was recorded by the police on 09.10.2020 while he was admitted in McGann Hospital, Shimoga stating that there was dispute between him and the petitioner in the matter of an agricultural land and there used to be frequent quarrels. On 09.10.2020 at about 8.00 a.m. when the informant was in front of the shop near his house, the petitioner/accused armed with club came from behind and assaulted on his hand, leg and other parts of the body, with an intention to cause his death. As a result of which, the complainant sustained bleeding injuries. Immediately, the relatives of the complainant came and shifted him to the hospital. Therefore, he requests for registering the case and accordingly, the police have registered the case and took up investigation. Counsel for the petitioner submitted that a false complaint is came to be lodged against the petitioner, as a counter blast for the earlier complaint lodged by his wife against the informant. Also, stating that petitioner is not required for custodial interrogation. However, he is ready and willing to abide by the law. And, the counsel for respondent while opposing the petition, submitted that serious allegations are made against the petitioner for having committed the offences. The counsel also stated that, the petitioner is absconding since the date of the registration of the case. And therefore the petition shall be dismissed. However, the court was of the view that, “Crime No. 195/2020 was registered against the first information in the present case in Kumsi Police Station for the offences punishable under Sections 341, 354, 354(A), 354(B) of IPC. The said complaint was came to be lodged on 09.10.2020 between 6.00-6.45 p.m. The present complaint was registered on the very same day at 9.00 pm on the basis of the statement of the complainant recorded while he was taking treatment in the hospital. The medical records are not made available. But however, it is admitted that the first informant is already discharged from the hospital.”