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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.
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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
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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.
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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-
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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.
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8.
Hence, the criminal petition is dismissed. He
shall surrender before police and seek for regular bail.
Sd/-
JUDGE
BS