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2017 DIGILAW 346 (KAR)

Raghuveer Singh S/o Jayasingh v. State of Karnataka Through Saidapur Police Station Tq. & Dist. Yadgiri

2017-02-07

B.A.PATIL

body2017
ORDER : This petition is filed by the petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.114/2016 of Saidapur Police Station, registered for the offences punishable under Sections 323, 324, 326, 504, 506 r/w Section 34 of IPC. 2. Brief facts of the case are that, on 20.11.2016 at about 12.30 p.m. an ambulance came and thereafter at about 1.00 p.m., they took the patient and shifted the patient in the ambulance. The complainant earlier informed accused No.1 to bring 2-3 persons with him for the purpose of smooth service, but accused No.1 has not heeded and thereafter he intended to contact over the phone. At that time, accused No.1 suddenly started to assault the complainant and when the driver of the said ambulance intervened, he assaulted him also with hands and stick and thereby caused the grievous injuries. On the basis of the complaint, a case has been registered against the accused persons. 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 have not committed any offence alleged against them. The alleged offences are not punishable with death or imprisonment for life. It is also contended that there are case and counter case filed against each other because of the galata between two persons. The petitioners are working as government servants, therefore, there is no chance of they being absconded. It is further contended that if the petitioners are enlarged 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. Per contra, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the petitioners were not available for the investigation, therefore, the investigation has been hampered. He has also contended that at this juncture, if the petitioners are enlarged on bail, they may again abscond and they may not be available for trial. 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. He has also contended that at this juncture, if the petitioners are enlarged on bail, they may again abscond and they may not be available for trial. 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. As could be seen from the complaint, it reveals that there are case and counter case filed by the complainant as well as the accused. It is not in dispute that the petitioners being the staff nurse and the driver of 108 ambulance vehicle respectively, quarreled with each other and the alleged incident has taken place on 20.11.2016. But, at the time of the alleged incident, the petitioners have assaulted the complainant with hands and sticks and thereby caused the injuries. It is submitted by the learned counsel for the petitioners as well as the learned High Court Government Pleader that the injured complainant has been discharged from the hospital and he is out of danger. When the petitioners are ready to abide by the conditions to be imposed by this Court and the alleged offences are not punishable with death or imprisonment for life, keeping in view the above facts and circumstances of the case, I feel that if the petitioners are enlarged on bail by imposing some stringent conditions, it would meet the ends of justice and it would also safeguard the interest of the prosecution. 8. For the aforementioned reasons, the petition is allowed. The respondent-Police are hereby directed to release the petitioners/accused Nos.1 and 2 on bail, in the event of their arrest, for the above said offences, 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 like sum to the satisfaction of the arresting authority; ii. The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses directly or indirectly; iii. The petitioners shall appear before the investigating officer as and when required and cooperate for investigation; iv. The petitioners shall mark attendance before the concerned police once in fortnight till the charge-sheet is filed. The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses directly or indirectly; iii. The petitioners shall appear before the investigating officer as and when required and cooperate for investigation; iv. The petitioners shall mark attendance before the concerned police once in fortnight till the charge-sheet is filed. v. The petitioners shall appear before the jurisdictional Court and execute personal bond, surety bond and furnish surety within thirty days from the date of receipt of certified copy of this order.