Allowed

K M Poornesh v. State of Karnataka

Karnataka HC6 Mar 2023CRL.P/768/2023

Case brief

AI extract

What is this about?

Criminal Petition for bail under Section 439 Cr.P.C. allowed. Petitioner enlarged on personal bond with two sureties for Rs. 1 lakhs each subject to conditions including attendance, no tampering with witnesses, and jurisdiction restrictions.

What did the court decide?

Enlarged on bail on personal bond of Rs. 1,00,000/- with two sureties for like sums, subject to conditions of attendance, no witness tampering, and no leaving jurisdiction without permission.

K M Poornesh Vs State of Karnataka — Murder and Culpable Homicide | Karnataka HC (2023)

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CRL.P No. 768 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE V SRISHANANDA CRIMINAL PETITION NO.768 OF 2023

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BETWEEN:

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K.M. POORNESH

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S/O. LATE KENCHE GOWDA

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AGED ABOUT 32 YEARS

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AGRICULTURIST, R/AT MAGALA VILLAGE DEVADANA VILLAGE, CHIKKAMAGALURU-577 101.

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…PETITIONER

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(BY SRI K.S. GANESHA, ADVOCATE)

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AND:

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Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka

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STATE OF KARNATAKA

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BY BALEHONNUR POLICE STATION

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CHIKKAMAGALURU-577 112 REPRESENTED BY SPP. HIGH COURT OF KARNATAKA BENGALURU-560 001.

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…RESPONDENT

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(BY SRI S. VISHWAMURTHY, HCGP)

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THIS CRL.P. IS FILED U/S.439 OF CR.P.C., PRAYING TO ALLOW THE PETITION AND ENLARGE HIM ON BAIL IN CRIME NO.0091/2022 (C.C. NO.2116/2022) OF BALEHONNUR POLICE STATION, CHIKKAMAGALURU DISTRICT, PENDING ON THE FILE OF THE 1^ST ADDITIONAL CIVIL JUDGE AND JMFC COURT, CHIKKAMAGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 324, 307, 504 AND 506 OF IPC., ON SUCH TERMS AND CONDITIONS AS DEEMED FIT IN THE INTEREST OF JUSTICE AND EQUITY.

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

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CRL.P No. 768 of 2023

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ORDER

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Heard Sri. K.S. Ganesha, learned counsel for the petitioner and Sri. S. Vishnumurthy, learned High Court Government Pleader for the respondent-State. Perused the records.

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Present petition is filed under Section 439 of Cr.P.C. with

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the following prayer:

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“The petitioner, therefore prays that this Hon'ble Court be pleased to allow the petition and enlarge him on bail in Crime No.0091/2022 (C.C.No.2116/2022) of Balehonnur Police Station, Chikkamagaluru District, pending on the file of the I Additional Civil Judge and JMFC Court, Chikkamagaluru for the offences punishable under Sections 324, 307, 504 and 506 of IPC on such terms and conditions as deemed fit in the interest of justice and equity.”

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Upon the complaint lodged by Gowtham S/o Sathisha @ Halappa, the Balehonnur Police Station, registered a case in Cr.No.91/2022 on 13.08.2022.

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The gist of the complaint averments reveal that on 12.08.2022 at about 7.30 p.m., when complainant was proceeding towards the grocery shop of Pradeepa and when he was drinking the fruit juice, the accused-petitioner came there

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3 - CRL.P No. 768 of 2023

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and abused the complainant in filthy language and with the help of a broken bottle piece he assaulted the complainant on the face of the complainant and also intended to kill him. The police after registering the case, investigated the matter and filed a charge sheet i nter alia arrested the accused-petitioner on 13.08.2022.

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The attempt made by the petitioner to seek grant of bail was turned down by the learned District Judge in Crl.Misc. No.1241/2022 by order dated 31.12.2022. Thereafter, the petitioner is before this Court.

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Sri. K.S. Ganesha, learned counsel for the petitioner reiterating the grounds urged in the bail petition vehemently contended that the injured - complainant was discharged from the hospital with a history of simple injury and as such, per se there is no material on record which would justify the invoking of Section 307 of IPC in the case on hand and a criminal incident has been blown out of proposition by the prosecution and sought for grant of bail.

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Per contra, learned High Court Government Pleader opposes the bail petition stating that the petitioner is a known

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CRL.P No. 768 of 2023

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criminal and several cases are pending against him and therefore he is not a law abiding citizen and if he is enlarged on bail he may not be available for trial and he may repeat the offences and sought for rejection of bail.

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In the light of the rival contentions, this Court perused the materials on record meticulously.

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The case on hand, injured has being discharged with the history of simple injury.

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No doubt, several cases are pending against the petitioner herein and according to counsel for petitioner in two cases petitioner has been acquitted.

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Taking note of the fact that the injured has sustained only simply injury and he is already in custody from 13.08.2022, this court is of the considered opinion that this is not a case where custodial trial is utmost necessary.

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Apprehension of the prosecution can be met with by imposing suitable and stringent conditions. Accordingly, the following:

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CRL.P No. 768 of 2023

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O R D E R

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The Criminal Petition is allowed .

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Petitioner-accused be enlarged on bail on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the trial Court;

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Petitioner shall attend the Court regularly;

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Petitioner shall not tamper with the prosecution witnesses directly/indirectly;

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Petitioner shall not leave the jurisdiction of Chikmagaluru District without prior permission;

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If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.

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Ordered accordingly.

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Sd/JUDGE

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AG List No.: 1 Sl No.: 46

K M Poornesh v. State of Karnataka

Case brief

What is this about?

What did the court decide?

K M Poornesh v. State of Karnataka

Case brief

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What did the court decide?

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