Research › Search › Judgment

Karnataka High Court · body

2022 DIGILAW 642 (KAR)

MADHU v. STATE OF KARNATAKA

2022-05-19

H.P.SANDESH

body2022
JUDGMENT : H.P. Sandesh, J. 1. This petition is filed under Sec. 438 of Cr.P.C. praying this Court to enlarge the petitioners on bail in the event of their arrest in respect of Crime No. 92/2022 registered by the Harohalli Police Station, Ramanagara District, for the offences punishable under Ss. 307, 504 read with 34 of IPC. 2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State. 3. The factual matrix of the case of the prosecution is that the complainant Sri Narendra filed a complaint that there was a galata between the complainant and these petitioners on 12.03Rs. .2022 in connection with organizing Volleyball Tournament and these petitioners assaulted with iron rod on his abdomen and other parts of the body and injured took the treatment in the hospital. Based on the complaint, the police have registered the case invoking the offences punishable under Ss. 307, 504 read with 34 of IPC. 4. The learned counsel for the petitioners submits that when the said incident came to the knowledge of the police, the police have visited the house of the petitioners and the police have also registered the case against the brother-in-law of the petitioner that they have caused threat when they visited the house invoking the offence punishable under Sec. 353 of IPC and subsequently afterthought the present complaint is obtained and case has been registered. The learned counsel has produced the photographs of the Police Inspector along with the complainant to substantiate his contention. The learned counsel submits that the complainant and the Inspector both are hand in glove and earlier crime number was registered at the instance of the police and subsequently this case has been registered. Hence, the petitioners may be enlarged on bail. 5. Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that the medical records discloses that the injured took the treatment for a period of ten days with regard to his abdomen injury and the injuries are inflicted with deadly weapon iron rod on vital part and hence the petitioners are not entitled for bail. 6. Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that the medical records discloses that the injured took the treatment for a period of ten days with regard to his abdomen injury and the injuries are inflicted with deadly weapon iron rod on vital part and hence the petitioners are not entitled for bail. 6. Having heard the respective learned counsel and also on perusal of the material available on record, in terms of Annexure-H, the complaint was given by CHC-422 on 12/3/2022 at 9.00 p.m. and the present complaint is filed on 13/3/2022 at 11.30 a.m. subsequent to the registration of the earlier crime. Having taken note of the factual aspects of the case that clash was taken place between two groups in connection with organizing the Volleyball Tournament and to that effect pamphlets are also placed along with the petition. Having taken note of the circumstances under which the incident was taken place and also taking note of the earlier case was registered by the police and subsequent case has been registered by the police based on the complaint of the complainant one Narendra, it is appropriate to enlarge the petitioners on bail subject to certain conditions. 7. In view of the discussions made above, I pass the following: ORDER: The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No. 92/2022 registered by Harohalli Police Station, Ramanagara District, for the offences punishable under Ss. 307, 504 read with 34 of IPC, subject to the following conditions: (i) The petitioners shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000.00 (Rupees Two Lakhs only) each with two sureties each for the likesum to the satisfaction of the concerned Investigating Officer. (ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses. (iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer, as and when called for. (iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge-sheet is filed or for a period of three months, whichever is earlier. (iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer, as and when called for. (iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge-sheet is filed or for a period of three months, whichever is earlier. (v) The petitioners shall mark their attendance once in a month i.e., on 30th of every month between 10.00 a.m. and 5.00 p.m., before the Investigating Officer for a period of three months or till the charge-sheet is filed, whichever is earlier.