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2020 DIGILAW 871 (KAR)

Anil Kumar @ Anil v. State

2020-05-13

S.G.PANDIT

body2020
JUDGMENT 1. This petition is filed under Section 439 of the Code of Criminal Procedure, 1973, praying to grant bail in Crime No.40/2020 registered by the respondent Police for the offence punishable under Section 307 of the Indian Penal Code, 1860. 2. Heard the learned counsel for the petitioner/accused through Video Conference and learned HCGP for the respondent in person. 3. Learned counsel for the petitioner/accused would submit that the petitioner is running a Hotel in Kodigehalli, Bangalore, and the victim Ravi was a regular customer in his Hotel for the last seven to eight years. The petitioner had acquaintance with the said victim Ravi. On 08.03.2020 at around 2.30 p.m. the victim Ravi had an altercation with some unknown persons in front of the Hotel of the petitioner and the petitioner tried to calm down the victim Ravi. In the evening of 08.03.2020 when the petitioner was near Sampige Bar near Kodigehalli, the victim along with his brother Shashikumar assaulted the petitioner and in the said incident Sri. Ravi, the victim sustained the injury on his head. One Smt. Shilpa lodged a complaint before the police on the same day at 9.00 p.m stating that the brother of the victim Shashikumar informed Smt. Shilpa that the petitioner herein had hit the victim on his head with short handed axe and the victim sustained head injury. Immediately the victim was taken to M.S.Ramaiah Hospital for treatment and thereafter to NIMHANS for further treatment. On the complaint of Smt. Shilpa FIR was registered in Crime No.40/2020 for the offences punishable under Section 307 of IPC and the petitioner was arrayed as sole accused. The petitioner was taken into custody and he is in judicial custody since 09.03.2020. 4. The learned counsel for the petitioner submits that subsequent to the custody of the petitioner, lock down came into force due to COVID-19. At the request of the petitioner he sought permission to file petition under Section 439 of the Code of Criminal Procedure through e-filing before the Principal City Civil and Sessions Judge, Bangalore on 18.04.2020 and as the Counsel did not get any reply to the mail sent on 18.04.2020, he is before this Court under Section 439 of the Code of Criminal Procedure. The above said fact is stated in his memo filed before this Court as well as he has attached the mail sent on 18.04.2020 as Annexure-E to the petition. 5. Section 439 of the Code of Criminal Procedure confers concurrent jurisdiction on High Court as well as the Court of Sessions. Hence, the present petition under Section 439 of the Code of Criminal Procedure is taken up for consideration instead of directing the petitioner to approach jurisdictional Sessions Court in the present day COVID-19. 6. The learned counsel for the petitioner would submit that the petitioner has been falsely implicated for the above said offence and the respondent Police have invoked Section 307 of IPC. Further he submits that it is the case of the prosecution that the victim Ravi was assaulted by the petitioner and at that time the victims brother Shashikumar was also along with him but he has not complained to the police. He further submits that there is no enmity between the petitioner and the victim Ravi. It is further submitted that the victim is discharged from Hospital and he has not suffered any serious injuries. The petitioner is a law abiding citizen and he would abide any of the conditions to be imposed to grant bail. He further submits that the petitioner has to take care of his mother and two children and to eke out his livelihood, the only source of income is the hotel run by the petitioner. 7. Per contra, learned HCGP submits that the petitioner committed offence punishable under Section 307 of IPC and the complainant is his wife. As the brother of victim Shashikumar informed the complainants wife over telephone, she lodged the complaint. The learned HCGP also agrees that the victim is discharged from hospital. Learned SPP was directed to take notice of the petition on 08.05.2020 and no objection is filed to the petition. 8. Grant of bail is the rule and jail is an exception. Grant or refusal of bail is discretion of the Court. But the said discretion is to be exercised judiciously keeping in mind the facts and circumstances of the case. On the complaint of one Smt. Shilpa, who claims to be the wife of victim Ravi, Crime No.40/2020 was registered by the respondent - Kodigehalli Police for the offences punishable under Section 307 of IPC. But the said discretion is to be exercised judiciously keeping in mind the facts and circumstances of the case. On the complaint of one Smt. Shilpa, who claims to be the wife of victim Ravi, Crime No.40/2020 was registered by the respondent - Kodigehalli Police for the offences punishable under Section 307 of IPC. The copy of remand application produced along with the petition at Annexure-C would indicate that the police have recovered the material objects and it would also suggests that the petitioner would not be required for custodial interrogation. In the complainant Shilpa only states that she was informed by the brother of victim Ravi that the petitioner assaulted the victim by Macchu on the head due to which the victim suffered head injury and initially took treatment at M.S. Ramaiah Hospital and thereafter at NIMHANS. A bare reading of the copy of complaint would not indicate any motive or reason for the petitioner to attack the victim Ravi. The learned counsel for the petitioner as well as the learned HCGP submits that the victim is discharged from Hospital and he is out of danger. The learned HCGP has not brought to the notice of the Court any criminal antecedents of the petitioner. 9. The facts and circumstances of the case would indicate that there would be no impediment for granting bail on imposing stringent conditions, that too taking note of the present situation of COVID-19. Accordingly, the petition is allowed subject to following conditions :- i. That, the petitioner/accused be released on bail in Crime No.40/2020 on the file of Kodigehalli Police Station, if he is not required in any other offence, on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) and one surety for the likesum to the satisfaction of the concerned jurisdictional Court; ii. That, the petitioner/accused shall not influence or hold out threats to the prosecution witnesses or lure them in any manner; iii. That, the petitioner/accused shall co-operate for investigation with the respondent police; iv. That the petitioner/accused shall not involve in any criminal activities; v. That the petitioner/accused shall attend the Court on all dates of hearing except on unavoidable circumstances; vi. That, the petitioner/accused shall mark his attendance in the jurisdictional police station on every Friday between 5.00 p.m. to 9.00 p.m. without fail, till the final report is filed; vii. That the petitioner/accused shall not involve in any criminal activities; v. That the petitioner/accused shall attend the Court on all dates of hearing except on unavoidable circumstances; vi. That, the petitioner/accused shall mark his attendance in the jurisdictional police station on every Friday between 5.00 p.m. to 9.00 p.m. without fail, till the final report is filed; vii. That, the petitioner/accused shall be quarantined for a period of 14 days after thorough medical examination; and viii. If the petitioner violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail;