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Judgment
M G Uma, J
The petitioner-accused is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No. 360/2023 of Anekal Police Station, pending in C.C.No.399/2024 on the file of the learned III Additional District and Sessions Judge, Anekal, registered for the offences punishable under Section 302 of the Indian Penal Code (for short 'IPC'), on the basis of the first information lodged by the informant - Nandini.
Heard Sri. Dayanand Hiremath, learned counsel for the petitioner and Smt. K.P. Yashodha, learned High Court Government Pleader for the respondent -State. Perused the materials on record.
In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:
“Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?”
My answer to the above point is in ‘Affirmative’ for the following:
REASONS
The petitioner being the sole accused is seeking grant of bail. He was apprehended on 06.12.2023 and since then, he is in judicial custody. The informant being the wife of the deceased made specific allegation that the deceased had came to the house fully drunk. He picked up the quarrel with his parents and assaulted his mother with a club. Immediately, the petitioner being the father took a knife and stabbed on his neck.
As per Post Mortem report, the deceased has sustained only one injury i.e., the punctured wound over the neck which resulted in huge blood loss, causing his death. The petitioner is aged 75 years. Taking into consideration of these facts and circumstances, prima facie it could be stated at this stage, that the petitioner was not intended to cause the death of his own son. However, the injury resulted in death of the deceased. After investigation, the charge sheet is already filed. Hence, I am of the opinion that the petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the interest of the prosecution.
Accordingly, I answer the above point in the affirmative and proceed to pass the following:
ORDER
The petition is allowed.
The petitioner is ordered to be enlarged on bail in Crime No. 360/2023 of Anekal Police Station, on obtaining the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the jurisdictional Court, subject to the following conditions:
a). The petitioner shall not commit similar offences.
b). The petitioner shall not threaten or tamper with the prosecution witnesses.
c). The petitioner shall appear before the Court as and when required.
If in case, the petitioner violates any of the conditions as stated above, the prosecution will be at liberty to move the Trial Court seeking cancellation of bail.
On furnishing the sureties by the petitioner, the Trial Court is at liberty to direct the Investigating Officer to verify the correctness of the address and authenticity of the documents furnished by the petitioner and the sureties and a report may be called for in that regard, which is to be submitted by the Investigating Officer within 5 days. The Trial Court on satisfaction, may proceed to accept the sureties for the purpose of releasing the petitioner on bail.