Mohd. Sohail S/o Mohd. Masood Shaikh v. State of Karnataka Through Station Bazar Police Station Kalaburagi, Represented by SPP Kalaburagi Bench
2017-02-06
B.A.PATIL
body2017
DigiLaw.ai
ORDER : This petition is filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C., seeking regular bail in Crime No. 282/2016 of Station Bazar Police Station, Kalaburagi, registered for the offences punishable under Sections 341, 323, 324, 504, 506, 307 r/w Section 34 of IPC. 2. Brief facts leading to filing of the complaint are that, complainant was working as a waiter in Shakthi Wine Shop. On 27.12.2016 at about 8.15 p.m. when he was working with Mananger Venkatesh in the said wine shop, two unknown persons came in intoxicated condition, abused the Manager in filthy language and demanded to give them liquor. When the Manager told them to pay the money and get the liquor, one of the accused abused him in filthy language and told that they are Gundas of that area and they will consume the liquor freely. When the complainant intervened, one of the accused took the knife and stabbed on his upper part of the abdomen with force. When he collapsed, he again stabbed on his right arm and caused injuries. At that time, when one Chandrakanth came and tried to pacify the quarrel, the other miscreant caught hold Chandrakanth, abused him in filthy language and the miscreant also stabbed with knife on his right arm and caused the bleeding injuries. When the other persons tried to catch them, they fled away. Therefore, the complaint came to be lodged and on the basis of the said complaint, a case has been registered against the accused persons and now the petitioners are in custody. 3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioners are that petitioners are innocent and they have not committed any offence alleged against them. Earlier, the complaint was registered against the unknown persons. Subsequently, the petitioners have been included as accused. It is also contended that the injuries said to have been sustained by the two persons are simple in nature, they are out of danger and on the same day they have been discharged from the hospital.
Earlier, the complaint was registered against the unknown persons. Subsequently, the petitioners have been included as accused. It is also contended that the injuries said to have been sustained by the two persons are simple in nature, they are out of danger and on the same day they have been discharged from the hospital. It is further contended that the offences levelled against the petitioners are not punishable with death or imprisonment for life and if the petitioners are released on bail, they are ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petition. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the petitioners are the Gunda elements, they have involved in many more cases and at this juncture, if the petitioners are released on bail, they may again involve in such types of crimes. He has further contended that charge-sheet is not yet filed, hence, the petitioners are required for further interrogation or investigation. On these grounds, he prays for dismissal of the petition. 6. I have gone through the copy of the FIR, complaint and other material produced along with the petition. 7. The material indicates that when the accused persons went to the wine shop of one Venkatesh, they abused him in filthy language. Thereafter, they have assaulted him with knife and caused injuries. During the course of argument, learned counsel for the petitioners made available the wound certificates of both the injured issued by the Basaveshwar Teaching and General Hospital, Kalaburagi, wherein it indicates that the injuries said to have been sustained by the injured are simple in nature and already the injured persons have been discharged from the hospital. The alleged offences are not punishable with death or imprisonment for life, the petitioners are said to be the permanent residents of Kalaburagi and they are ready to abide by the conditions to be imposed by this Court and ready to offer sureties. Under such circumstances, I feel that if the petitioners are released on bail by imposing some stringent conditions, it would safeguard the interest of the prosecution and it would meet the ends of justice. 8.
Under such circumstances, I feel that if the petitioners are released on bail by imposing some stringent conditions, it would safeguard the interest of the prosecution and it would meet the ends of justice. 8. For the aforementioned reasons, the petition is allowed and petitioner/accused Nos.1 and 2 are ordered to be released on bail, subject to the following conditions: (i) The petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court; (ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses; (iii) The petitioners shall make themselves available to the Investigating Officer as and when required; (iv) The petitioners shall mark their attendance before the Investigating Officer once in fortnight till the charge sheet is filed; (v) The petitioners shall appear before the Trial Court on all the dates of hearing without fail.