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2023 DIGILAW 615 (KAR)

Mahendra v. State

2023-04-19

V.SRISHANANDA

body2023
JUDGMENT/ORDER 1. Heard Sri. Narayana Reddy M. counsel for the petitioners and Sri. S. Vishwa Murthy, learned High Court Government Pleader for the respondent-State. 2. Present petition is filed under Sec. 438 of Cr.P.C. 3. The brief facts of the case are as under: A complaint came to be lodged by Arathi W/o. Ranganath with Medigeshi Police Station on 30/1/2023 which was registered in Crime No.13/2023 for the offences punishable under Sec. 323, 324, 325, 354(B), 504, 506 read with sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short). 4. The gist of the complaint averments reveals that the complainant and her husband are resident of Brahmasamudra Village. On 29/1/2023 at about 8.30 p.m., complainant and her husband had been to a shop to purchase juice for their child and while returning at about 8.40 p.m. near Aralikatte, a car came from the hind side and abused her husband in filthy language stating that her husband should move on the left side at that juncture, an altercation took place and the inmates of the car get down and abused her husband in filthy language and also started assaulting her husband. Among them, the first petitioner - Mahendra fisted her husband and there was a blood injury. 5. Out of the five teeth, two teeth got de-rooted. Other two accused persons namely, Uday and Mithun also joined their hands in the said assault and when the complainant tried to rescue her husband, they abused her also in a filthy language and torn her cloth and kicked her on stomach. Ashwath and Harish intervened and pacified the quarrel. Thereafter, all of them gave a life threat and the second petitioner - Uday throwed the stone which was held him and they all left the place. Thereafter, Ashwath and others helped them to go to the Medigeshi Government Hospital and got first aid done and thereafter they had been to Madhugiri Government Hospital for further treatment as per the advice of the Doctor at Medigeshi Government Hospital. 6. After getting treated in Madhugiri Government Hospital, a complaint came to be lodged. After registering the complaint, police are investigating the matter. In the meantime, the petitioners have approached the IV Additional District and Sessions Judge, Tumakuru sitting at Madhugiri for grant of anticipatory bail which was turned down by order dtd. 7/2/2023 in Crl. Misc. No. 5049/2023. 6. After getting treated in Madhugiri Government Hospital, a complaint came to be lodged. After registering the complaint, police are investigating the matter. In the meantime, the petitioners have approached the IV Additional District and Sessions Judge, Tumakuru sitting at Madhugiri for grant of anticipatory bail which was turned down by order dtd. 7/2/2023 in Crl. Misc. No. 5049/2023. Thereafter, the petitioners are before this Court. 7. Sri. Narayana Reddy M., learned counsel for the petitioners reiterating the grounds urged in the bail petition vehemently contended that the incident has occurred at the spur of moment and the delay in lodging the complaint exposes hollowness in the case of the prosecution and sought for grant of anticipatory bail. 8. He further contended that the petitioners are young in age. Mahendra is student and other two petitioners are drivers and therefore, they had no intention whatsoever in the said incident to assault the husband of the complainant and a minor altercation has been blown out of provocation and a false complaint lodged against the petitioners and sought for grant of anticipatory bail. 9. He also contended that yet another accused person has been granted regular bail by the Sessions Court and therefore, the petitioners are also entitled to be grant of anticipatory bail and sought for allowing the petition. 10. Per contra, learned High Court Government Pleader by reiterating the statement of objections, opposes for grant of anticipatory bail. 11. In the light of the rival contentions, this Court perused the materials on record meticulously. 12. On such perusal of the materials on record, it is seen that the complainant and her husband were pedestrians. On 29/1/2023, they had been to purchase a juice for their child to a nearby shop while returning at about 8.40 p.m., the alleged incident has taken place. 13. It is found from the complaint averments that the inmates of the car abused her husband in filthy language. The same was resisted by the husband of the complainant and at that juncture, all the inmates of the car get down and mercilessly attacked the husband of the complainant resulted in blood injuries and loss of two teeth of the husband of the complainant. The complaint averments further reveal that when the complainant tried to rescue her husband, accused persons attacked her also and kicked her on stomach and torn the clothes worn by the complainant. The complaint averments further reveal that when the complainant tried to rescue her husband, accused persons attacked her also and kicked her on stomach and torn the clothes worn by the complainant. At that juncture, Ashwath and another village by name Harish pacified the quarrel and sent the complainant and her husband to the hospital. 14. It is also found from the complaint averments that they had been to Medigeshi Government Hospital at first instance and thereafter to Madhugiri Government Hospital got treated and lodged a complaint belatedly on 30/1/2023 at about 7.00 p.m. 15. Police after registering the case, are investigating the matter and were able to arrest one of the accused persons and he has been sent to judicial custody. 16. It is submitted that said accused persons has been granted bail by the learned Sessions Judge. 17. The materials on record at this stage show that the petitioners are not available to the Investigating Agency. 18. Admittedly, there are no role played by the complainant or her husband in the incident and when the driver of the car abused the husband of the complainant, there was a resistance offered resulting in ugly incident. The inmates of the car have got down and mercilessly attacked the husband of the complainant and when such attach was sought to be rescued by the complainant, she was also attacked. 19. Just because that the first petitioner is a student and other petitioners are drivers, they have no license to attack a pedestrian more so, when the husband of the complainant had no role whatsoever in the incident. 20. Admittedly, the petitioners are not available for the Investigating Agency from the date of offence and they have approached District Court for grant of anticipatory bail, which was rejected. 21. Taking note of all these aspects of the matter, in order to unearth the truth, it is just and necessary that custodial interrogation of the petitioners are necessary. 22. Since the assault is only by hand, there need not be any recovery. As such, directing the petitioners to join the investigation and to undergo limited period of custodial interrogation would meet the ends of justice. Hence, this Court passes the following: O R D E R 1. The Criminal Petition is allowed. 2. Petitioners are directed to appear before the Investigating Agency on 27/4/2023 at about 10.00 a.m. 3. As such, directing the petitioners to join the investigation and to undergo limited period of custodial interrogation would meet the ends of justice. Hence, this Court passes the following: O R D E R 1. The Criminal Petition is allowed. 2. Petitioners are directed to appear before the Investigating Agency on 27/4/2023 at about 10.00 a.m. 3. Investigation Officer is at liberty to take the accused / petitioners to custody and complete the custodial investigation on the same day, before 7.00 p.m. and thereafter, enlarge the petitioners on bail, on petitioners executing a personal bond in a sum of Rs.1, 00, 000.00 (Rupees One Lakh only) with Two sureties for the likesum to the satisfaction of the IO. 4. Petitioners shall co-operate with the Investigating Agency. 5. Petitioners shall not tamper with the prosecution witnesses in any manner. 6. Petitioners shall attend the Court regularly. If any of the above conditions are violated, the prosecution is at liberty to seek for cancellation of this bail order. Ordered accordingly.