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2022 DIGILAW 1076 (KAR)

Shivanand v. State of Karnataka

2022-08-16

SHIVASHANKAR AMARANNAVAR

body2022
JUDGMENT Shivashankar Amarannavar, J. - Criminal Petition No. 102032/2022 is filed by the petitioner/accused No. 2 and Criminal Petition No. 102056/2022 is filed by the petitioner/accused No. 1. Both the petitions are filed under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking bail in Hubballi Sub-Urban Police Station Crime No. 11/2022, for the offences punishable under Sections 307, 341, 504 and 506 read with Section 34 of Indian Penal Code (hereinafter referred to as 'IPC', for brevity). 2. The case of the prosecution is that one Kushal has lodged complaint stating that on 23.02.2022 at about 02.30 p.m., he purchasing the chappals from Janata Bazar, Hubballi returning to his house along with his friend in front of the Ashraya lodge, situated at P.B. road, Old Hubballi on the public road at that time the complainant requested accused Nos. 1 and 2 to leave way to go from the said road, at that time accused Nos. 1 and 2 have picked up quarrel with him with a common intention to commit an offence, abused the complainant in filthy language and also accused No. 1 threatened to the life of the complainant and he took knife with an intention to stab on Rohan i.e. the friend of complainant, at that time accused No. 2 caught hold him and then accused No. 1 attacked on the said Rohan to stab on his head, but the said Rohan tried to rescue but has sustained injuries. At that time the complainant tried to rescue his friend Rohan, accused No. 1 stabbed the complainant by means of knife and caused grievous injuries on his forehead and at that time accused No. 3 also watching them with an intention not to allow the public to pacify the attack made by the accused on the complainant and his friend Rohan, on seeing the public gathered there, all the accused ran away from the spot and the complainant and his friend Rohan have taken for treatment in the KIMS. hospital and a case has been registered in Crime No. 11/2022 for the aforesaid offences. The Investigating Officer after the investigation has filed charge sheet for the aforesaid offences. During the course of the investigation, accused Nos. hospital and a case has been registered in Crime No. 11/2022 for the aforesaid offences. The Investigating Officer after the investigation has filed charge sheet for the aforesaid offences. During the course of the investigation, accused Nos. 1, 2 and 3 have filed Criminal Miscellaneous No. 5257/2022 seeking bail and the same came to be rejected by the V Additional District and Sessions Judge, Dharwad sitting at Hubballi by order dated 04.06.2022. Therefore, accused Nos. 1 and 2 are before this Court seeking bail. 3. Heard Shri. Gourishankar Mot, learned counsel for accused No. 2, Shri. Vishwanath S. Bichagatti, learned counsel for accused No. 1 and learned High Court Government Pleader for respondent-State. 4. It would be the contention of learned counsel for the petitioner/accused No. 2 that the complaint filed against two unknown persons aged between 22-25 years, but the charge sheet has been filed against three persons. Both injured have been discharged from hospital and there is no danger to their life. On perusal of the statement of injured recorded under Section 164 of Cr.P.C., one accused is aged between 25-28 years, second accused is aged between 50-55 and third accused is aged 22 years, the said aspect is contrary to the averments of the complaint. It is his further submission that Test Identification period has been conducted after long lapse of seven days of arrest of these petitioners/accused Nos. 1 and 2. There is no criminal antecedent of the petitioner. As the charge sheet is filed, accused No. 2 is not required for any custodial interrogation. With this, he prayed to allow the petition. 5. Learned counsel for petitioner/accused No. 1 would contend in addition to the grounds urged by the learned counsel for accused No. 2 and contend that accused No. 1 is aged 34 years, accused No. 2 is aged 49 years and Test Identification Period is conducted not among the others similar to the age of these accused persons and it is conducted after one week of the arrest. Even though, the complainant is eyewitness has not specifically stated the description of these assailants in the complaint. As the charge sheet is filed, the accused Nos. 1 and 2 are not required for custodial interrogation. With this, he prayed to allow the petition. 6. Even though, the complainant is eyewitness has not specifically stated the description of these assailants in the complaint. As the charge sheet is filed, the accused Nos. 1 and 2 are not required for custodial interrogation. With this, he prayed to allow the petition. 6. Per contra, learned High Court Government Pleader would contend that accused No. 2 has caught hold Rohan and accused No. 1 assaulted him with knife and he tried to escape but caused injuries to his hand. Accused No. 1 also assaulted the complainant and caused injuries. Accused persons for silly reasons assaulted the complainant and another with knife with an intention to cause their death. One of the injured-complainant sustained injury where in there is a cut of nerve. One of the injured-Rohan has sustained two grievous injuries. The charge sheet material shows prima facie case against accused Nos. 1 and 2 for the offences alleged against them. If accused Nos. 1 and 2 are granted bail, they will tamper the prosecution witnesses and flee from justice. With this, he prayed for dismissal of the petition. 7. Having regard to the submissions made by learned counsel for the petitioners and learned High Court Government Pleader, this Court has gone through the charge sheet records. 8. Initially, the complaint came to be filed against two unknown persons aged between 22-25 years. Subsequently, the charge sheet has been filed against three accused, accused No. 1 is aged 34 years, accused No. 2 is aged 49 years and accused No. 3 is aged 21 years. The complainant and the said injured-Rohan are stated as eyewitnesses to the incident but they have not clearly described the age of the assailants in the complaint. The accusation leveled against accused Nos. 1 and 2 is that accused No. 2 caught hold Rohan and accused No. 2 assaulted him with knife and also assaulted the complainant and caused injuries. The alleged assaults by these accused Nos. 1 and 2 are not vital part. The injured-Rohan has been admitted in KIMS. hospital and discharged after three days and the complainant- Kushal has been treated as outpatient who has sustained cut lacerated wound. Both the injured are out of danger. Accused Nos. 1 and 2 are in judicial custody since 25.01.2022 and as the charge sheet is filed, they are not required for custodial interrogation. There are no criminal antecedents of accused Nos. Both the injured are out of danger. Accused Nos. 1 and 2 are in judicial custody since 25.01.2022 and as the charge sheet is filed, they are not required for custodial interrogation. There are no criminal antecedents of accused Nos. 1 and 2. The main apprehension of the prosecution is that if accused Nos. 1 and 2 are granted bail, they will threaten the complainant and other prosecution witnesses and flee from justice, can be met with by imposing some stringent conditions. 9. In the facts and circumstances of the case and submissions of the counsel, this Court is of the view that there are valid grounds for granting bail subject to certain terms and conditions. Hence, I proceed to pass the following: ORDER Criminal Petition No. 102032/2022 filed by accused No. 2 and Criminal Petition No. 102056/2022 filed by accused No. 1, both the petitions are filed under Section 439 of Cr.P.C. are allowed. Consequently, petitioners/accused Nos. 1, 2 shall be released on bail in Crime No. 11/2022 of Hubballi Sub-Urban Police Station subject to the following conditions: i) The petitioners shall execute personal bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) each with one surety for the like sum to the satisfaction of the jurisdictional Court. ii) The petitioners shall not indulge in tampering the prosecution witnesses. iii) The petitioners shall attend the Court on all the dates of hearing, unless exempted, and co-operate in speedy disposal of the case.