Ananda @ Gudda vs State By Soladevanahalli Police, Represented By State Public Prosecutor, High Court Of Karnataka, Bangalore - 560001

S Vishwajith Shetty, J

Accused in S.C.No.187/2022 pending before the Court of VII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru arising out of Crime No.152/2022 registered by Soladevanahalli Police Station, Bengaluru for offences punishable under Sections 323, 326, 307 and 506 of IPC, is before Court under Section 439 of Cr.P.C.

Heard the learned counsel for the parties.

On the complaint lodged by Sri.Madhu, s/o Hanumantharaippa dated 15.07.2022, F.I.R. in Crime No.152/2022 was registered by Soladevanahalli Police Station, Bengaluru against the petitioner initially for offences punishable under Section 506 and 307 of IPC. In the complaint it is averred that petitioner and complainant are known to each other and since the petitioner had fought with complainant's cousin Likith, the complainant had enquired with the petitioner about the same. On 15.07.2022 at about 5.30 pm, when the complainant had gone to Venakeshwara Textile in Lakshmipura cross for the purpose of fetching his bag, petitioner allegedly restrained him and tried to assault him with a knife on his chest. Complainant allegedly caught hold of the knife and therefore, he received grievous injuries on his left hand. It is in this background, he had approached the Police and lodged the complaint, which has resulted in registering F.I.R. in Crime No.152/2022 by Soladevanahalli Police Station. During the course of investigation, petitioner was arrested on 15.07.2022. Investigation in the case is completed and charge sheet has been filed. Petitioner's bail application before the trial Court in S.C.No.187/2022 was dismissed on 03.01.2023. Therefore, he is before this Court.

Learned counsel for the petitioner submits that petitioner is in custody for the last one year. Injuries suffered by the complainant was on his left hand. Petitioner has not assaulted on any vital parts of the complainant's body. Accordingly, prays to allow the petition.

Per contra, the learned HCGP has opposed the bail application and submits that petitioner has got antecedents and therefore, prays to reject the petition.

From the perusal of the complaint averments it is seen that, since the complainant had earlier enquired with the petitioner as to why he fought with his cousin brother-Likith, petitioner allegedly had ill-will against the complainant. On 15.07.2022 petitioner allegedly tried to assault the complainant with a knife, which he was holding and since the complainant caught hold of the said knife, he had suffered grievous injuries on his left hand. The wound certificate of the complainant is made available to the Court by the learned HCGP. From the perusal of the same, it is seen that complainant had totally suffered three injuries on his left hand and injury Nos.1 and 2 are certified as simple injuries and injury No.3 which is caused on the back of the last finger of the left hand is certified as grievous injury. Even according to the complainant, where he caught hold of the knife, which petitioner was holding, he had suffered injury. Complainant has not suffered any injury on any vital parts of his body. Petitioner is in custody since 15.07.2022. The fact that the petitioner is involved any some other cases and he has got some criminal antecedents, alone cannot be a reason for denying the regular bail to the petitioner when he is otherwise found to be entitled for the relief of regular bail. The two other cases which were registered against the petitioner are of the year 2016 and 2018 and presently the case is registered against him in the year 2022. Investigation in the case is completed and charge sheet has been filed. Under these circumstances, I am of the view that, petitioner has made out a prima facie case for grant of regular bail. Accordingly, the following:

ORDER

The petition is allowed.

The petitioner is directed to be enlarged on bail in S.C.No.187/2022 pending before the Court of VII Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru arising out of Crime No.152/2022 registered by Soladevanahalli Police Station, Bengaluru for offences punishable under Sections 323, 326, 307, 506 of IPC,subject to the following conditions:

a) The 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 leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.

e) The petitioner shall not involve in similar offences in future.