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2020 DIGILAW 1710 (KAR)

Richird v. State Of Karnataka

2020-09-04

B.A.PATIL

body2020
JUDGMENT B.A. Patil, J. - This petition has been filed by the petitioneraccused No.4 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.33/2020 of Puttenahalli Police Station (CC No.5968/2020) for the offences punishable under Sections 143, 144, 147, 148, 341, 307, 504 and 149 of IPC. 2. I have heard Sri. Rajashekara R.V, learned counsel for petitioner-accused by virtual hearing and Sri.M.Divakar Maddur, learned High Court Government Pleader for the respondent-State. 3. Gist of the complaint is that on 16.02.2020 at about 8.45 pm., a complaint was registered alleging that on 16.02.2020 at about 12.45 am., when the complainant and Sri.Ajay were waiting on the road, at that time, the petitioner along with the other accused persons by constituting an unlawful assembly by holding deadly weapons came there and started to assault CW1-complainant and his friend with deadly weapons and as a result of the same, the complainant has received the grievous injuries. On the basis of the complaint, a case has been registered. 4. It is the submission of the learned counsel for the petitioner that already charge sheet has been filed and the petitioner-accused is not required for the purpose of further investigation or interrogation and no serious overt-acts have been alleged against the petitioner-accused. It is further submitted that the injuries which have been suffered by the complainant are simple in nature and already the injured has been discharged from the hospital and there is no life threat to the complainant. Even if the alleged incident is accepted, it may attract only Section 324 of IPC. The petitioner-accused No.4 is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused No.4 on anticipatory bail. 5. Per contra, learned High Court Government Pleader vehemently submitted that the petitioneraccused No.4 alongwith other accused persons by constituting unlawful assembly came there and assaulted the injured. It is further submitted that there are eye witnesses to the alleged incident and the complainant himself is an eye witness. If he is ordered to be enlarged on bail, he may not be available for trial and he may abscond. On these grounds, he prayed to dismiss the petition. 6. It is further submitted that there are eye witnesses to the alleged incident and the complainant himself is an eye witness. If he is ordered to be enlarged on bail, he may not be available for trial and he may abscond. On these grounds, he prayed to dismiss the petition. 6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records. 7. As could be seen from the wound certificate made available, though the complainant has received the lacerated wound on forehead and one abrasion near the side of neck, the said injuries are simple in nature. The injured has been already discharged from the hospital and the charge sheet has already been filed, the presence of the accused is not required for further investigation or interrogation. Even if the alleged incident is taken into consideration, the alleged offence is not punishable with death or imprisonment for life. I am of the considered opinion that by imposing some stringent conditions, if the petitioner-accused No.4 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.33/2020 of Puttenahalli Police Station for the offences punishable under Sections 143, 144, 147, 148, 341, 307, 504 and 149 of IPC, it is going to meet the ends of justice. 10. Hence, petition is allowed . Petitioneraccused No.4 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.33/2020 of Puttenahalli Police Station for the offences punishable under Sections 143, 144, 147, 148, 341, 307, 504 and 149 of IPC, subject to the following conditions: 1. Petitioner-accused No.4 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Trial Court. 2. He shall surrender before the Trial Court/Virtually within 20 days from today, failing which this order automatically stands cancelled. 3. He shall not tamper with the prosecution evidence either directly or indirectly. 4. He shall not leave the jurisdiction of the Court without prior permission. 5. He shall regularly appear before the Court for trial.