Allowed

Dasarath @ Dasharath S/O Hanamant Yaragoppa v. the State of Karnataka

Karnataka HC19 Jun 2019CRL.P/100780/2019

Case brief

AI extract

What is this about?

This ruling grants anticipatory bail to the accused under Section 438 Cr.P.C. for offences involving grievous injury and assault. The court considered the victim's discharged status, co-accused bail, and parity grounds before imposing bond conditions.

What did the court decide?

Released on anticipatory bail subject to bond of Rs. 2,00,000, surrender in 15 days, and conditions to attend police and not leave jurisdiction.

Dasarath @ Dasharath S/O Hanamant Yaragoppa Vs the State… — Anticipatory Bail | Karnataka HC (2019)

¶1

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

¶2

DATED THIS THE 19^TH DAY OF JUNE 2019

¶3

BEFORE

¶4

THE HON’BLE MR.JUSTICE B.A.PATIL

¶5

CRIMINAL PETITION NO.100780/2019

¶6

BETWEEN:

¶7

DASARATH @ DASHARATH S/O HANAMANT YARAGOPPA AGE: 24 YEARS, OCC: AGRICULTURE, R/O: KONKANAKOPPA VILLAGE, BADAMI TALUK, DIST: BAGALKOTE.

¶8

... PETITIONER

¶9

(BY SRI. VIDYASHANKAR G. DALWAI, ADVOCATE)

¶10

AND:

¶11

THE STATE OF KARNATAKA BY ITS P.S.I., KERUR POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD.

¶12

... RESPONDENT

¶13

(BY SMT. SEEMA SHIVA NAIK, HCGP) ---

¶14

THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C. SEEKING TO ALLOW THE PETITION AND ENLARGE THE PETITIONER/ACCUSED NO.1 ON ANTICIPATORY BAIL IN KERUR P.S. CRIME NO.27/2019 FOR THE OFFENCES P/U/S 323, 341, 307, 354, 504 R/W SEC. 34 OF IPC IN THE EVENT OF HIS ARREST.

¶15

: 2 :

¶16

THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

¶17

ORDER

¶18

This petition has been filed by the

¶19

petitioner/accused No.1 under Section 438 Cr.P.C. praying to release him on anticipatory bail in Crime No.27/2019 of Kerur Police Station for the offences punishable under Sections 323, 341, 307, 354, 504 R/w. Section 34 of the IPC.

¶20

I have heard the learned counsel appearing

¶21

for the petitioner and also the learned HCGP for the respondent-State.

¶22

The genesis of the complaint states that, the petitioner/accused No.1 always used to raise voice and abuse the complainant’s daughter without any reason. In that light, on 17.02.2019, at about 6.00 pm, when the daughter of the complainant was proceeding behind the house of the accused to bring water, at that time, accused No.1 has misbehaved with her and in this

¶23

: 3 :

¶24

regard the complainant and his daughter went to question the same. At that time, accused No.1 with an intention to take away the life of the complainant’s daughter, stabbed her with knife on the left portion of the chest and other parts of the body and caused grievous injuries. When the complainant’s son came to rescue, accused No.2 caught hold of him and accused No.2 with an intention to commit his murder stabbed him below the navel, back and right knee and accused Nos. 3 and 4 abused them in filthy language and assaulted with hands. On the basis of the complaint a case has been registered.

¶25

It is the submission of the learned counsel

¶26

for the petitioner that the alleged incident has taken place in the spur of moment without there being any intention. He further submitted that the injured has already been discharged from the hospital and she is out of danger. The Court below has already released accused Nos. 2, 3 and 4 on bail. On the ground of

¶27

: 4 :

¶28

parity, the petitioner/accused No.1 is also entitled to be released on bail. He further submitted that the alleged offences are not punishable with death or imprisonment for life. The petitioner is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds he prayed to allow the petition and release the petitioner on bail in the event of his arrest.

¶29

Per contra, learned HCGP appearing for the respondent – State vehemently argued that the petitioner/accused No.1 with an intention to take away the life of the daughter of the complainant stabbed her on the chest and other parts of the body and thereby she has sustained grievous injuries. There is ample material to connect the petitioner to the alleged crime and there are eyewitnesses to the alleged incident. On these grounds he prayed to dismiss the petition.

¶30

: 5 :

¶31

I have carefully and cautiously gone through

¶32

the submissions made by the learned counsel appearing for the parties and the contents of the complaint and other material.

¶33

Though it is alleged that the accused No.1 took the knife and stabbed the daughter of the complainant and caused injuries to the right portion of the chest, but the injured has already been discharged from the hospital and she is out of danger. Even it is the specific submission of the learned HCGP that already the accused Nos. 2, 3 and 4 have been released on bail. Even on the ground of parity also the petitioner/accused No.1 is entitled to be released on bail.

¶34

In the light of the discussion held by me above, the petition is allowed . In the event of arrest, petitioner/accused No.1 is ordered to be released on anticipatory bail in connection with Crime No.27/2019

¶35

: 6 :

¶36

of Kerur Police Station for the offences punishable under Sections 323, 341, 307, 354, 504 R/w. Section 34 of the IPC with the following conditions:

¶37

i. He shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.

¶38

ii. He shall surrender before the Investigating Officer within fifteen days from today.

¶39

iii. He shall not tamper with the prosecution evidence directly or indirectly.

¶40

iv. He shall cooperate with the investigation and he must be available before the Investigating Officer as and when he is ordered to do so.

¶41

v. He shall not leave the jurisdiction of the Court without prior permission.

¶42

vi. He shall mark his attendance before the jurisdictional Police once in fifteen days till the charge sheet is filed.

¶43

Sd/JUDGE

¶44

gab

Dasarath @ Dasharath S/O Hanamant Yaragoppa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Dasarath @ Dasharath S/O Hanamant Yaragoppa v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

State of Karnataka Vs Santosh Eeru Gouda

State of Karnataka Vs Shivabasanagouda

State of Karnataka Vs Chandra Shekar Hiremath

Smt.Sai W/O. Aniruddha Santhankar Vs Shri.Aniruddha S/O. Sudhir Santhahankar

Sri. Ananthacharya S/O Shrikant Udupi Vs Sri. Vishnukant S/O Naayanasa Dhongadi

Khadarbasha S/O Abdulsab Kallkutra Vs the State of Karnataka