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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2^ND DAY OF MARCH, 2021

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION NO.1000 OF 2021

BETWEEN:

TEEKAPPA

S/O. LATE SANNADURGAPPA,

AGED ABOUT 45 YEARS,

RESIDENT OF BALAKRISHNA’S HOUSE,

NEAR KED OFFICE, KAVERI ROAD,

BTS LAYOUT, ARAKERE,

BG ROAD,

BENGALURU – 560 076.

... PETITIONER

(BY SRI GIRISH R., ADV.)

AND:

STATE OF KARNATAKA

BY HULIMAVU PS.,

NOW REPRESENTED BY

STATE PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BENGALURU – 560 001.

... RESPONDENT

(BY SMT. RASHMI JADHAV, H.C.G.P.)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF

THE CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN

S.C. NO.1434 OF 2018 IN CRIME NO.85 OF 2018 PENDING ON THE

FILE OF THE LXXI ADDITIONAL CITY CIVIL & SESSIONS JUDGE,

BENGALURU, FOR THE OFFENCE PUNISHABLE UNDER SECTION

307 OF THE IPC.

THIS CRIMINAL PETITION IS COMING ON FOR ORDERS,

THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

This petition is filed by the sole accused under

Section 439 of the Code of Criminal Procedure, 1973, (for

short, ‘the Cr.P.C.’) for granting regular bail in Crime

No.85 of 2018 registered by Hulimavu Police Station for

the offence punishable under Section 307 of the Indian

Penal Code, 1860 (for short, ‘the IPC’).

2. Heard the arguments of the learned counsel for

the petitioner and the learned High Court Government

Pleader for the respondent-State.

3. The case of the prosecution is that the

complainant is the wife of the petitioner and from past two

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years, they are residing separately. On 19-3-2018 at about

2:30 p.m., the petitioner came to the complainant’s house

and asked money to play cards and to drink alcohol.

When the complainant did not give money, the petitioner

abused her in filthy language, assaulted her with machu

(chopper) on her head and caused bleedings injury, and

ran away from the spot. Thereafter, the complaint came to

be registered against the petitioner and he is arrested on

20-3-2018. Since then, he is in custody. He approached

the Sessions Judge for bail, which came to be rejected.

Hence, this petition.

4. Learned counsel for the petitioner has contended

that the petitioner is innocent and he is falsely implicated

in the case. Injuries are simple in nature. For the last

two years, he is in custody. He is ready to abide by any

conditions to be imposed by this Court. Hence, he prayed

for allowing the petition.

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5. Per contra, the learned High Court Government

Pleader has objected the bail petition.

6. Upon hearing the arguments and perusal of the

record, it reveals that the accused and the complainant is

the husband and the wife. On 19-3-2018, during quarrel,

the accused is said to have assaulted the complainant on

her head and caused bleeding injury. The injury is simple

in nature. Investigation is completed and charge-sheet is

filed. Case is pending before the Sessions Court for trial.

Therefore, without expressing any opinion on the merits of

the case, I am of the view that the petitioner be enlarged

on bail. Hence, I pass the following

O R D E R

Criminal petition is allowed.

The trial Court is directed to release the petitioner on

bail in S.C. No.1434 of 2018 pending before the LXXI

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Additional City Civil & Sessions Judge, Bengaluru, subject

to the following conditions:

i)

Petitioner shall execute a personal bond in a sum

of Rs.1,00,000/- (Rupees one lakh only) with one

surety for the likesum to the satisfaction of the trial

Court;

ii)

Petitioner shall not tamper with the prosecution

witnesses directly or indirectly; and

iii)

Petitioner shall not leave the jurisdiction of the trial

Court without prior permission of the Court.

Sd/-

JUDGE

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