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2020 DIGILAW 2113 (KAR)

Mohan Kumar @ Annu v. State

2020-10-22

B.A.PATIL

body2020
JUDGMENT B.A. Patil, J. - The present petition has been filed by petitioner/accused No.2 under Section 439 of Cr.P.C., to release him on bail in Crime No.58/2020 of Banakal police station for the offences punishable under Sections 323, 307, 394, 504 read with Section 34 of IPC and also under Sections 3(1)(c), 3(1)(r), 3(1)(s), 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015. 2. I have heard Sri. Sudhanva D.S., learned counsel for petitioner/accused No.2 virtually and Sri. Mahesh Shetty, learned HCGP for respondent No.1 State. Though, the notice has been served to respondent No.2 - complainant, he is unrepresented. 3. The gist of the case of the prosecution in brief is that the victim was working with accused No.2 and subsequently, he left and started working independently. Because of the said ill-will, on 08.09.2020 at about 4.15 p.m., accused No.2 called the victim over the phone and told to come near the street of his house and when victim came, accused Nos.1 and 2 quarrelled with him for silly reasons and have assaulted him. Accused No.2 abetted accused No.1 to assault. Thereafter, accused No.2 took him under the guise of dropping him to his house and when they came near Mahesh Hardware Shop, again they quarrelled with the victim and abused him with filthy language by taking the name of the caste and assaulted him with sickle on his head with an intention to commit the murder and they have also snatched a cash of Rs.7,800/- and gold ring worth of Rs.9,500/- from the victim. 4. It is the submission of the learned counsel for petitioner/accused No.2 that petitioner/accused No.2 is innocent and has not committed any offence and the injured has been already discharged from the hospital and he is out of danger. He further submits that the injuries suffered by the victim are also simple in nature and the alleged offences are not punishable with death or imprisonment for life. He further submitted that petitioner/accused No.2 is ready to abide by any of the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds, he prays to allow the petition and to allow petitioner/accused No.2 on bail. 5. Though the said contention has been refuted by the learned HCGP. 6. He further submitted that petitioner/accused No.2 is ready to abide by any of the conditions that may be imposed by this Court and ready to offer the sureties. On these grounds, he prays to allow the petition and to allow petitioner/accused No.2 on bail. 5. Though the said contention has been refuted by the learned HCGP. 6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records. 7. On close reading of the contents of the complaint and other material, it indicates that for some silly reason altercation has taken place and in that light, the injured has suffered with simple injuries and he has already discharged from the hospital and he is out of danger. Under such circumstances, I am of the considered opinion that by if petitioner/accused No.2 is ordered to be enlarged on bail, it is going to meet the ends of justice. In that light, the petition is allowed. 8. Petitioner/Accused No.2 is ordered to be released on bail in Crime No.58/2020 of Banakal police station for the offences punishable under Sections 323, 307, 394, 504 read with Section 34 of IPC and also under Sections 3(1)(c), 3(1)(r), 3(1)(s), 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, subject to the following conditions: i) Petitioner/accused No.2 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. ii) He shall not tamper with the prosecution evidence directly or indirectly. iii) He shall not leave the jurisdiction of the Court without prior permission. iv) He shall mark his attendance before the jurisdictional police on 1st of every month in between 10.00 a.m. and 5.00 p.m. till the trial is completed. v) He shall not indulge in similar type of criminal activities. If he again indulge in similar type of criminal activities, the trial Court is at liberty to cancel the bail.