SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH DAY OF SEPTEMBER, 2022

BEFORE

THE HON'BLE MR. JUSTICE K. NATARAJAN

CRIMINAL PETITION No.6395 OF 2022

BETWEEN:

SRI MANOJ C U

S/O UMESH KUMAR

AGED ABOUT 28 YEARS

R/AT WARD NO. 14/186

DR. B.R. AMBEDKAR EXTENSION

CHAMARAJANAGARA TOWN

CHAMARAJANAGAR 571313

…PETITIONER

(BY SRI. S N BHAT, ADVOCATE)

AND:

STATE BY SARASWATHIPURAM

POLICE STATION

MYSURU DISTRICT 570009

REP BY SPP

HIGH COURT OF KARNATAKA

BENGALURU 560001

…RESPONDENT

(BY SRI.R D RENUKARADHYA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 38 OF

CR.P.C PRAYING TO SET ASIDE THE ORDER PASSED BY THE

LEARNED IV ADDITIONAL DISTRICT AND SESSIONS JUDGE,

MYSURU IN CRL.MISC.NO.801/2022 DATED 01.06.2022.

2

THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS

DAY THROUGH PHYSICAL

HEARING/VIDEO CONFERENCING

(OPTIONAL), THE COURT MADE THE FOLLOWING:

This petition is filed by the petitioner-accused under

Section 438 of Cr.P.C., for granting anticipatory bail in

Crime No.50/2022 registered by Saraswathipuram Police

Station, Mysuru for the offence punishable under Section

504 and 307 of IPC.

2.

Heard 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 on the

complaint of one Sri Santhosh Kumar-complainant whose

first information record was taken while he was in treatment

as inpatient in Apollo Hospital on 19.4.2022, it was alleged

3

by him that he is a friend of one Manoj who is the petitioner

herein and there was a financial transaction between them

and they used to quarrel often and often but they did not

went to the police station for lodging any complaint in this

regard. On that background, on 18.4.2022, the petitioner-

accused came and asked him to come near Sub urban Bus

Stand and then he took the complainant to near JSS

Women College, Saraswathipuram, Mysuru saying that

some friend has to give him money. Thereafter, at about

8.50 a.m. when they are drinking tea near JSS Women

College, Saraswathipuram, Mysuru, petitioner picked up

quarrel with the complainant and asked 'how dare he can

ask money from him and also told that I will kill him and

stabbed on the back neck, chest, stomach and other parts

of the body of the complainant. When public gathered, he

ran away from the spot. Public were shifted the

complainant to the Apollo Hospital. Hence, the complainant

filed a complaint and registered the case.

4

4.

The petitioner has approached the IV Additional

District and Sessions Judge, Mysuru in Crl.Misc.801/2022,

which came to be rejected vide order dated 01.06.2022.

Hence, the petitioner-accused is before this Court for grant

of anticipatory bail.

5.

Learned counsel for the petitioner submits that

the alleged offence may not attract under Section 307 of

IPC, it may attracts under Section 324 of IPC. The injured

discharged from the hospital within four days. There is no

intention to commit the offence. He is ready to abide by

any of the conditions which may be imposed by this Court

and sought for grant of anticipatory bail.

6.

Per contra learned HCGP., serious opposed the

bail petition and submits that there was grievous injury on

the chest of the complainant other than this there were five

other injuries. He is required for custodial investigation and

sought for dismissal of the petition.

7.

Having heard the learned counsel on both sides,

which reveals of course, the complainant and the petitioner-

5

accused are known to each other and there was financial

dispute between them. On 18.4.2022, the accused asked

him come near Sub Urban Bus Stand and then he took the

complainant near JSS Women College, Saraswathipuram,

Mysuru and assaulted with knife on the chest, neck and

other parts of the body with an intention to commit the

murder of the complainant. The injuries sustained by the

complainant were four incised wounds and one multiple

injury over the right chest and left side chest apart from

pneumothorax. It shows grievous injuries sustained by the

complainant. It shows the petitioner not only took him

under the guise of financial matter, but with an intention to

commit the murder of the complainant. It cannot be said

that this offence attracts under Section 324 of IPC, but it

clearly attracts Section 307 of IPC. He has committed

serious offence, hence, he is required for custodial

interrogation and for the recovery of the knife which was

used for the offence. Therefore, petitioner is not entitled for

anticipatory bail.

6

8.

Hence, the criminal petition is dismissed. He

shall surrender before police and seek for regular bail.

Sd/-

JUDGE

BS

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top