The criminal petition filed under section 438 of CR.P.C ( direction for grant of bail to person apprehending arrest) seeking enlargement on bail for the offence punishable under section 307 ( attempt to murder) read with section 34 of IPC ( acts done by several persons in furtherance of common intention) and sections 3 (licence for acquisition and possession of firearms and ammunition)and 26 of Arms Act ( secret contravention) by the petitioner. And the petition is allowed by the High court of Karnataka through the learned bench led by the Honorable Mr. Justice H P Sandesh in case Paramesh vs State of Karnataka (criminal petition no.319/2022) on 20th January 2022.
Brief facts of the case are that when the complainant was with his friend Santhosh near his house at around 10:30 p.m, this petitioner and accused came there, but accused was having gun with him and threatened him that he would take away his life. Based on the complaint, a case has been registered against petitioner and accused .
Arguments presented by the learned counsel appearing on behalf petitioner that though an allegation is made against this petitioner that this petitioner was with accused and no any overt act allegation against this petitioner and only the life threat was caused. In order to invoke Section 307 of Cr.P.C., there are no any ingredients. Hence, he may be enlarged on bail.
Arguments presented by the learned high court government pleader appearing on behalf of state that accused came along with petitioner in there house, and abused the Complainant and also assaulted them.
After hearing both the counsels and looking into the contents of the case and considering the records presented before the honorable court by the counsels , the court allowed the petition that the petitioner shall be released on bail but on certain grounds such as.
The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this irder and shall execute a personal bond for a sum of Rs.2,00,000/- with two sureties for the like-sum to the satisfaction of the concerned Investigating officer; The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses; The petitioner shall co-operate with the investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as and when called for; The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier; The petitioner shall mark his attendance once in a month that is, on 30th of every month between 10.00 am and 5.00 pm., before the investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.
Click here to read the judgement
Judgement Reviewed by Sugam Anand Mishra
