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2022 DIGILAW 991 (KAR)

Nandan v. State of Karnataka

2022-08-01

K.NATARAJAN

body2022
JUDGMENT 1. This petition is filed by the petitioner-accused Nos.1 and 3 under Sec. 439 of Cr.P.C., for granting regular bail in Crime No.84/2021 registered by Chamarajanagar Town Police Station, Chamarajanagar for the offences punishable under Ss. 341, 323, 324, 307, 326 read with sec. 34 of IPC pending on the file of the Principal District and Sessions Judge at Chamarajanagar in S.C.No.86/2021. 2. Heard the arguments of learned counsel for petitioners and learned HCGP respondent-State. 3. The case of the prosecution is that on the complaint of one Preetham police registered the case and arrested the petitioner on 7/9/2021 and it is alleged in the complaint that on 6/9/2021 the accused No.2 said to have come and asked him to come along with them for drinking alcohol. Accordingly he went along with the accused No.2 where these accused Nos.1 and 3 were also present along with accused No.4. They said to have gathered for drinking alcohol and at that time the accused Nos.3 and 1, said to have taken the name of sister of complainant and when the complainant questioned these accused persons, therefore they said to have assaulted him with knife and sickle with intention to commit murder. Thereafter, when the complainant was escaping the accused Nos.2 and 4 said to have held the complainant and accused Nos.1 and 3 once again assaulted and caused injuries and after shifting him to the hospital the complaint came to be registered and the petitioners were arrested and were remanded to judicial custody. Their bail petitions came to be rejected, hence they are before this Court. 4. Upon hearing the arguments of both the counsel and perusal of records, which reveals ofcourse accused persons and the complainant were all friends and went to drink alcohol and at that time quarrel took place. It cannot be said the petitioners are having intention to commit murder but they attempted to assault. The quarrel took place when the matter of sister of the complainant came for discussion. The injured was discharged from the hospital and the petitioner is in custody since almost 11 months. Therefore considering the fact that the investigation is completed and charge sheet has been filed. The quarrel took place when the matter of sister of the complainant came for discussion. The injured was discharged from the hospital and the petitioner is in custody since almost 11 months. Therefore considering the fact that the investigation is completed and charge sheet has been filed. The matter has been pending for trial, therefore considering facts and circumstances of the case and also the fact that accused No.2 already been granted bail by co-ordinate bench of this Court, by imposing certain conditions, if bail is granted, no prejudice would cause to the prosecution case. Hence, the following order: ORDER The petitioners are ordered to be released on bail, in Crime No.84/2021 registered by Chamarajanagar Town Police Station, Chamarajanagar for the offences punishable under Ss. 341, 323, 324, 307, 326 read with sec. 34 of IPC pending on the file of the Principal District and Sessions Judge at Chamarajanagar in S.C.No.86/2021, subject to the following conditions:- (i) Petitioners-accused Nos.1 and 3 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 trial Court; (ii) Petitioners shall not indulge in similar offences strictly; (iii) Petitioners shall not tamper with the prosecution witnesses directly/ indirectly; (iv) Petitioners shall not leave the jurisdiction without prior permission of the trial Court; (v) Petitioners shall take the trial without causing any delay. If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of this bail order.