Dilip Kumar K.A vs State Of Karnataka

K. Natarajan, J

This petition is filed by the accused under Section 439 of the Code of Criminal Procedure, 1973, (for short, ‘the Cr.P.C.’) for granting regular

bail in Crime No.64 of 2021 registered by Mahadevapura Police Station, Bengaluru, for the offence punishable under Section 307 of the Indian Penal

Code, 1860 (for short, ‘the IPC’).

Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.

The case of the prosecution is that, Smt. Dhanalakshmi, mother of the injured by name Harisha, lodged a complaint alleging that, on 27-2-2021 at

about 8.30 p.m., the petitioner came to her house and asked her son to come along with him as he wanted to talk with regard to love affair of his

sister, Pallavi, and the injured. After some time, she received information from Soumya, elder sister’s daughter, that someone has assaulted the

injured with knife and caused bleeding injury. Immediately, she went to the spot and the injured had sustained bleeding injury on his neck. On enquiry,

the injured revealed that, the petitioner took him near railway track and assaulted him with cable racing knife and attempted to kill him. Based on the

complaint, the Police arrested the petitioner on 28-2-2021 and remanded him to judicial custody. The petitioner approached the Sessions Court for

granting bail, which came to be rejected. Hence, this petition.

Learned counsel for the petitioner has contended that, the petitioner is innocent of the offence alleged and he has been falsely implicated. Since the

younger sister of the petitioner was teased by the injured, the petitioner attacked him and caused injury. The injured is out of danger. Hence, he prayed

for allowing the petition.

Per contra, the learned High Court Government Pleader has objected the bail petition.

Upon considering the arguments and perusal of the record, it goes to show that the petitioner himself came to the house of the complainant and took

the injured along with him under the guise of talk in respect of the love affair between his younger sister and the injured. The complainant’s elder

sister’s daughter, Soumya, informed the complainant with regard to the injury sustained by the injured. On enquiry, the injured informed the

complainant that the petitioner assaulted him with cable racking knife on his neck with an intention to commit his murder. Medical Certificate issued by

Bowring and Lady Curzon Hospitals, Bengaluru, reveals that the injured sustained a cut laceration measuring 4 x 9 cm in anterior aspect of neck at

the level of thyroid cartilage extending 4 cm right from the midline extends up to left SCM, which goes to show the clear attempt made on the injured

by slitting his neck. Though the injured is discharged from the Hospital on the same day that itself is not a ground for granting bail. Investigation is

under progress. At this stage, it is not a fit case for granting bail. Accordingly, the petition is dismissed.