Suresha vs State of Karnataka

H.S. Kempanna, J.—The petitioner, who is accused in Crime No. 272/2013 on the file of the respondent/police registered for the offences u/ss. 504 and 307 of IPC is before this court praying for grant of Anticipatory Bail. The averments in the first information reveal that this petitioner is residing in his house in the neighbourhood of the complainant at Kodakahalli village in Arakalgud Taluk of Hassan District. On 25.7.2013 at about 6.00 p.m. the petitioner climbed on the roof of the house of the complainant to repair the power line. Seeing the same the complainant questioned the petitioner as to why he is climbing frequently on their tiled roof despite requesting him not to do so as it is resulting in breaking away of the tiles and directing him to repair the power line by putting the ladder. At that juncture the petitioner got down from the roof, abused the complainant by holding his collar and assaulted him with hands. Seeing the same when the wife of the complainant intervened, questioned the accused and pushed him to some distance, the accused at that juncture went inside his house brought a chopper and assaulted on the fore head of the victim on account of which he sustained serious injury. Thereafter the injured was shifted to Government hospital where he took treatment.

The learned counsel for the petitioner contends the whole incident has taken place in a heat of passion. The accused has not assaulted the victim-Jairam with an intention of attempting to commit his murder. He submits when the wife of the victim, who is the complainant in the case, pushed him he lost his temper, brought the chopper and dealt a blow that has resulted in causing injury and it cannot be said that he has dealt the blow with an intention to commit his murder. He further submits that the victim has been discharged from the hospital. He hails from a respectable family. Therefore, he be granted the relief sought for by him.

The application is opposed by the State.

Having regard to the background in which the occurrence has taken place i.e. when it has taken place in connection with repairing the power line by climbing the roof of the house of the complainant and taking into consideration the victim has already been discharged from the hospital, in the circumstances, I do not find any justification to decline the request of the petitioner. Accordingly, I proceed to pass the following:--

ORDER

i) The Petition is allowed;

ii) The petitioner in the event of his arrest in Crime No. 272/2013 of the respondent/Arakalagud police station, the said police are directed to release him on bail on his executing a personal bond in a sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the said police subject to the following conditions:--

1) He shall appear before the respondent/police for the purposes of his arrest and release on or before 30.12.2013;

2) He shall not tamper with the prosecution witnesses;

3) He shall make himself available to the Investigating Agency as and when required for the purposes of investigation.