Ajay H vs State Of Karnataka

S Vishwajith Shetty, J

Accused No.1 in Crime No.104/2024 registered by Wilsongarden Police Station, Bengaluru City for the offences punishable under Sections 504, 307 & 324 R/w 34 of IPC is before this Court seeking regular bail.

Heard the learned counsel appearing for the parties.

FIR in Crime No.104/2024 was registered by Wilsongarden Police Station, Bengaluru City for the aforesaid offences against the petitioner herein and another on the basis of first information dated 26.05.2024 received from Mohammad Masood. During the course of investigation, the petitioner was arrested 29.05.2024.

The bail application filed by the petitioner before the jurisdictional Sessions Court in Crl.Misc.No.5053/2024 was dismissed on 12.06.2024. Therefore, he is before this Court.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedents and the injured have not suffered any grievous injuries on the vital parts of their body. The injured have been already discharged from the hospital. Major portion of investigation is complete. Accordingly, he prays to allow the petition.

Per Contra, learned HCGP has opposed the petition. However, she submits that investigation in the case is still under progress. The first informant has suffered one grievous injury as a result of assault made by the petitioner who is accused No.1 in the present case. Accordingly, she prays to dismiss the petition.

In the first information it is averred that on 26.05.2024 at 1.30 a.m, the first informant and his brother along with their friends were returning home in tempo bearing registration No.KA-19-MM-3555 and KA-05-MC-9912, after finishing their business and when they reached 1st main road, Vinayaknagar, the accused persons started quarrelling with the brother of the first informant and the petitioner herein intervened and pacified them. The petitioner who was one amongst the accused person's ran away from the spot and later he returned with a sickle in his hand. It is stated that the petitioner herein had assaulted the first informant on his head with the said sickle and other accused persons assaulted the first informant with their hands and stones. It is also stated that the brother of the first informant namely Harun Shahid was also assaulted by the accused person with a stone and sickle. In the said incident, the first informant and his brother have suffered injuries.

The wound certificate of the first informant would go to show that, he has suffered 7 injuries, out of which, injury No.1 is grievous injury and remaining injuries are simple injuries. Injury No.1 is laceration wound present over forehead measuring 5x1x1 c.m, The brother of first informant has suffered only simple injury in the incident in question. The only grievous injury suffered by the first informant is laceration on his forehead. The petitioner who has no criminal antecedents is in custody from 29.05.2024. Major portion of the investigation is complete. Under these circumstances, I am of the opinion that the petitioner has made out a prima-facie case for grant of regular bail.

Accordingly, the following:

ORDER

The Criminal Petition is allowed.

The petitioner is directed to be enlarged on bail in Crime No.104/2024 registered by Wilsongarden Police Station, Bengaluru City for the offences punishable under Sections 504, 307 & 324 R/w 34 of IPC, subject to the following conditions:

a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000 (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

d) The petitioner shall not involve in similar offences in future;