CRLP5019-19-16-09-2019

1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON’BLE Mr. JUSTICE K.N. PHANEENDRA
CRIMINAL PETITION No. 5019/2019
BETWEEN :
--------------
Devaraj B.K.
S/o. Basavarajappa B.K.
Aged about 28 years
Working in Indian Army
Native of Bidaragadde Village
Honnali Taluk
Davanagere Dist. – 577 018. … PETITIONER
(By Sri. K.N. Jaya Prakash, Adv.)
AND :
-------
The State of Karnataka

Honnali Police Station
Davanagere District
Reptd. By its S.P.P.
High Court Building
Bengaluru – 560 001. … RESPONDENT
(By Sri Rohith B.J., HCGP)
---
2
This Criminal Petition is filed under Section 439

Cr.P.C. with a prayer to enlarge the petitioner on bail in
Cr.No. 128/2019 of Honnali P.S., Davanagere for the
offence punishable under Section 307, 504, 506 of IPC
and SectionS 25 and 27 of ARMS Act and etc.
This Criminal Petition coming on for Orders this

day, the Court passed the following;
ORDER
Heard the learned counsel for petitioner and the
learned HCGP for the respondent-State. Perused the
records.
2. The petitioner is arraigned as accused No. 1 in
the charge sheet filed by respondent Police registered in
crime No. 128/2019 of Honnali Police Station for the
offence under Sections 307, 504, 506 of IPC and
Sections 25 and 27 of the Arms Act.
3. Learned High Court Government Pleader
submitted that charge sheet has already been filed in
this case.
3
4. Brief facts of the case as could be seen from the
records are that the petitioner was working in Military.
The complainant Smt. L.B. Nagarathna lodged a
complaint stating that she has four children and her
daughter B.P. Kavya was studying in Bapuji College,
Davanagere. It is stated that the accused was forcing
her to love him and in that context he was giving torture
to her. In-spite of advice from elders and village
headman the accused did not desist himself from
continuing the said attitude. In this context it is alleged
that on 24.05.2019 in the night hours at about 11.20
pm the petitioner telephoned to the husband of the
complainant and thereafter he went to the house of the
complainant and got open the door and was standing
outside the house holding a Pistol in his hand and
abruptly shot towards the husband of the complainant
twice due to which he sustained injuries and he was
shifted to Honnali hospital. Two bullets were found in
the stomach of the husband of the complainant. On the

4
above said allegations the Police have investigated the
matter and submitted charge sheet.
5. The injured has been discharged from the
Hospital and it appears that there is no life threat to the
injured. There are no bad antecedents alleged against
the petitioner except the present case. Looking to the
nature of allegations, it is clear that serious allegations
are made against the petitioner. However, on that
particular day what transpired in the night hours
between the accused and the complainant, why he
actually shot towards the husband of the complainant,
what was the relationship between the parties, why the
accused has gone to the extent of causing such injuries
to the husband of the complainant have to be
established during the course of full dressed trial.
Offence under Section 307 of IPC is not punishable
compulsorily with life imprisonment or death.
Therefore, taking into consideration the previous

5
antecedents of the petitioner and also the fact that he is
a soldier, in my opinion, the petitioner is entitled to be
enlarged on bail on stringent conditions. Though there
are eye witnesses to the incident, the circumstances
explained above are sufficient to enlarge the petitioner
on bail. Hence, the following;
ORDER
The Petition is allowed. Consequently, the petitioner

shall be released on bail in connection with Crime No.
128/2019 of Honnali Police Station registered against
him for the offence punishable under Sections 307, 504,
506 of IPC and Section 25 and 27 of Arms Act subject to
the following conditions:
(i) The petitioner shall execute 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 jurisdictional Court.
(ii) The petitioner shall not indulge in tampering

the prosecution witnesses.
6
(iii) The petitioner shall appear before the

jurisdictional Court on all future hearing dates
unless exempted by the Court for any genuine
cause.
(iv) The petitioner shall not leave the

jurisdiction of the trial Court without prior
permission of the Court till the case registered
against him is disposed of.
Sd/-
JUDGE.
LRS.

CRLP5019-19-16-09-2019

Uploaded by

Copyright:

Available Formats

CRLP5019-19-16-09-2019

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

CRLP5019-19-16-09-2019

Uploaded by

Copyright:

Available Formats

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 16TH DAY OF SEPTEMBER, 2019

THE HON’BLE Mr. JUSTICE K.N. PHANEENDRA

CRIMINAL PETITION No. 5019/2019

(By Sri. K.N. Jaya Prakash, Adv.)

The State of Karnataka

(By Sri Rohith B.J., HCGP)

This Criminal Petition is filed under Section 439

This Criminal Petition coming on for Orders this

Heard the learned counsel for petitioner and the

learned HCGP for the respondent-State. Perused the

2. The petitioner is arraigned as accused No. 1 in

the charge sheet filed by respondent Police registered in

crime No. 128/2019 of Honnali Police Station for the

offence under Sections 307, 504, 506 of IPC and

Sections 25 and 27 of the Arms Act.

3. Learned High Court Government Pleader

submitted that charge sheet has already been filed in

4. Brief facts of the case as could be seen from the

records are that the petitioner was working in Military.

The complainant Smt. L.B. Nagarathna lodged a

complaint stating that she has four children and her

daughter B.P. Kavya was studying in Bapuji College,

Davanagere. It is stated that the accused was forcing

her to love him and in that context he was giving torture

to her. In-spite of advice from elders and village

headman the accused did not desist himself from

continuing the said attitude. In this context it is alleged

that on 24.05.2019 in the night hours at about 11.20

pm the petitioner telephoned to the husband of the

complainant and thereafter he went to the house of the

complainant and got open the door and was standing

outside the house holding a Pistol in his hand and

abruptly shot towards the husband of the complainant

twice due to which he sustained injuries and he was

shifted to Honnali hospital. Two bullets were found in

the stomach of the husband of the complainant. On the

above said allegations the Police have investigated the

matter and submitted charge sheet.

5. The injured has been discharged from the

Hospital and it appears that there is no life threat to the

injured. There are no bad antecedents alleged against

the petitioner except the present case. Looking to the

nature of allegations, it is clear that serious allegations

are made against the petitioner. However, on that

particular day what transpired in the night hours

between the accused and the complainant, why he

actually shot towards the husband of the complainant,

what was the relationship between the parties, why the

accused has gone to the extent of causing such injuries

to the husband of the complainant have to be

established during the course of full dressed trial.

Offence under Section 307 of IPC is not punishable

compulsorily with life imprisonment or death.

Therefore, taking into consideration the previous

antecedents of the petitioner and also the fact that he is

a soldier, in my opinion, the petitioner is entitled to be

enlarged on bail on stringent conditions. Though there

are eye witnesses to the incident, the circumstances