Court allows bail to the petitioner on attempt to murder: Karnataka High Court

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY 2022 THE HON BLE MR. JUSTICE H.P. SANDESH CRIMINAL PETITION NO.319 2022 … PETITIONER BETWEEN: S O PUTTEGOWDA AGED ABOUT 30 YEARS RESIDING AT KAPANIGOWDANADODDI VILLAGE UYYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGAR DISTRICT 562 117. BY SRI D.R.SRIDHARA ADVOCATE) THE STATE OF KARANTAKA BY SATHANUR POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU 560 001. BY SRI SHANKAR H.S. HCGP) … RESPONDENT 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 CR.NO.212 2021 REGISTERED BY SATHNOOR POLICE STATION RAMANAGARA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 307 R W 34 OF IPC AND SECTIONS 3 AND 25 OF INDIAN ARMS ACT. THIS CRIMINAL PETITION COMING ON FOR ORDERS ‘THROUGH VIDEO CONFERENCE’ THIS DAY THE COURT MADE THE FOLLOWING: O R D E R This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in respect of Crime No.212 2021 registered by Sathnoor Police Station Ramanagara District for the offences punishable under Section 307 read with Section 34 of IPC and Sections 3 and 26 of Arms Act. 2. Heard learned counsel appearing petitioner and the learned High Court Government Pleader appearing for the respondent State. 3. The factual matrix of the case is that when the complainant was with his friend Santhosh near his house at around 10:30 p.m this petitioner and accused No.1 came there but accused No.1 was having gun with him and threatened him that he would take away his life. Based on the complaint a case has been registered against this petitioner and accused No.1. The learned counsel appearing for the petitioner submits that though an allegation is made against this petitioner that this petitioner was with accused No.1 and no any overt act allegation against this petitioner and only the life threat was caused. In order to invoke Section 307 of Cr.P.C. there are no any ingredients. Hence he may be enlarged on bail. Per contra the learned High Court Government Pleader appearing for the State would submit that accused No.1 came along with this petitioner abused and assaulted the complainant. Having heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the State and on perusal of the material available on record particularly the content of the complaint an only allegation is that this petitioner accompanied accused No.1. Accused No.1 was having gun with him and no overt act allegation against this petitioner. When such being the factual aspects of the case I am of the opinion that it is a fit case to exercise the discretion under Section 438 of Cr.P.C. in favour of the petitioner. In view of the discussions made above I pass the The petition is allowed. Consequently the petitioner shall be released on bail in the event of his arrest in respect of Crime No.212 2021 registered by Sathnoor Police Station Ramanagara District for the offences punishable under Section 307 read with Section 34 of IPC and Sections 3 and 26 of Arms Act subject to the following conditions: The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2 00 000 with two sureties for the like sum to the satisfaction of the concerned Investigating The petitioner shall not indulge in hampering the investigation or tampering the prosecution iii) The petitioner shall co operate with Investigating Officer investigation and he shall appear before the Investigating Officer as and when called for. iv) The petitioner shall not leave the jurisdiction of Investigating Officer without prior permission till the charge sheet is filed or for a period of three months whichever is earlier. v) The petitioner shall mark his attendance once in a month i.e. on 30th of every month between 10.00 am and 5.00 pm. before the Investigating Officer for a period of three months or till the charge sheet is filed whichever is earlier. Sd 

Summary: The criminal petition filed under section 438 of CR.P.C ( direction for grant of bail to person apprehending arrest) seeking enlargement on bail for the offence punishable under section 307 ( attempt to murder) read with section 34 of IPC ( acts done by several persons in furtherance of common intention) and sections 3 (licence for acquisition and possession of firearms and ammunition)and 26 of Arms Act ( secret contravention) by the petitioner. And the petition is allowed by the High court of Karnataka through the learned bench led by the Honorable Mr. Justice H P Sandesh in case Paramesh vs State of Karnataka (criminal petition no.319/2022) on 20th January 2022.  Brief facts of the case are that when the complainant was with his friend Santhosh near his house at around 10:30 p.m, this petitioner and accused came there, but accused was having gun with him and threatened him that he would take away his life. Based on the complaint, a case has been registered against petitioner and accused .  Arguments presented by the learned counsel appearing on behalf petitioner that though an allegation is made against this petitioner that this petitioner was with accused and no any overt act allegation against this petitioner and only the life threat was caused. In order to invoke Section 307 of Cr.P.C., there are no any ingredients. Hence, he may be enlarged on bail.  Arguments presented by the learned high court government pleader appearing on behalf of state that accused came along with petitioner in there house, and abused the Complainant and also assaulted them.  After hearing both the counsels and looking into the contents of the case and considering the records presented before the honorable court by the counsels , the court allowed the petition that the petitioner shall be released on bail but on certain grounds such as.  The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this irder and shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties for the like-sum to the satisfaction of the concerned Investigating officer; The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses; The petitioner shall co-operate with the investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as and when called for; The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier; The petitioner shall mark his attendance once in a month that is, on 30th of every month between 10.00 am and 5.00 pm., before the investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier. Click here to read the judgement