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Judgment
Mohammad Nawaz, J
This petition is preferred by accused Nos.1 to 3 praying to enlarge them on bail in Crime No.117/2023 registered at HAL Police Station.
I have heard the submissions of the learned Senior counsel Sri H.S.Chandramouli for petitioners, learned High Court Government Pleader Sri R.D.Renukacharya for the State and the learned counsel Sri B.V.Shankaranarayana Rao appearing for respondent Nos.2 and 3.
In the complaint dated 02.04.2023 lodged by one Lloyd Nehemiah, deceased in this case, it is alleged that at about 4.30 a.m. a group of three youth from his neighbourhood, came drunk playing music and making noise on the road and when he asked them to stop, they challenged him and he was physically assaulted and beaten and verbally abused. Further, they forcibly entered by gate, threw stones, slippers and sticks and when his sister tried to prevent them, they slapped her and even tried to assault their tenant. Further, even another neighbour was also assaulted and in the said incident he sustained injuries to his legs and eyes. He has named the persons assaulted him as Rama Samanth Rai (accused No.1) and Basudeva Samanth Rai (accused No.2).
On the basis of the above complaint, crime was registered against accused Nos.1 and 2/petitioner Nos.1 and 2 for the offence punishable under Section 504, 448, 323, 324, 354 r/w 34 of IPC. The complainant/injured died on 04.04.2023. On his death, Section 302 IPC was incorporated. Accused Nos.2 and 3 were arrested on 06.04.2023 and accused No.1 was arrested on 07.04.2023.
It is brought to the notice of the Court by the learned counsel for petitioners that in respect of the incident which took place on 02.04.2023, accused No.2 has also lodged a complaint and a case has been registered against the deceased and 3 to 4 unknown persons. A copy of the FIR in Crime No.119/2023 registered at HAL Police Station has been furnished. In the said complaint lodged by accused No.2/petitioner No.2, it is alleged that while his friend was parking his car with a moderate music being played, suddenly Mr.Lloyd (deceased) came out of his house in balcony and started to shout and when his brother i.e., accused No.1 who was sitting in the passenger car seat asked him as to why he is shouting, he started abusing from the balcony and came down furiously and started pushing his brother and suddenly slapped him on his face and bit his left hand ring finger and in self defence, accused No.1 hit him back with his hand. When the complainant tried to stop the fight, Lloyd started hitting him as well and in self defence he also had to hit him back. Meanwhile, suddenly 3 to 4 people joined Lloyd and hit them. Two ladies who were present were trying to stop the fight and during the entire incident the accused were abusing verbally using slang and filthy language. It is stated that accused No.1 received initial treatment at one C.V.Raman Hospital at Bengaluru.
A perusal of the above two complaints reveal that the incident of assault took place in a sudden quarrel which ensued when a friend of accused No.2 was trying to park the car playing music, in the early hours of 02.04.2023. As per the complaint averments, accused were asked to stop the music by the victim, but they challenged him and when he came down, he was verbally abused and physically assaulted and stones, slippers and sticks were thrown at him.
It is contended by the learned counsel appearing for respondent No.2 and 3 that there is adequate prima facie materials to show the direct involvement of the petitioners in causing the brutal murder, as a result of fatal attack by them. It is contended that petitioners have used weapons to inflict injuries which were serious enough to cause death. It is further contended that the brutal attack of the petitioners have led to the death of deceased and the proximity between the attack and cause of death is evident.
On a perusal of the material on record, it is evident that even the accused by way of lodging the complaint in respect of the very same incident, have not disputed the incident which occurred on 02.04.2023 at about 4.30 a.m. According to the learned counsel for petitioners, a sudden quarrel ensued and in the said incident both the parties have caused injuries to each other, which is in a spur of moment and no mens rea can be attributed on the accused persons to arrive at a conclusion that they had an intention to cause any such injury which would result in death.
I have perused the post mortem report. As per the final opinion, death was due to pulmonary embolism consequent upon multiple injuries, sustained, which are abrasions and contusions. Incident has occurred on 02.04.2023 at about 4.30 a.m. The victim himself has lodged the complaint at about 11.05 a.m. As per the wound certificate, at about 7.20 a.m. he took treatment in the hospital. History furnished is assault with hands, legs and wooden stick. It appears that after taking treatment the victim was brought back to his house and on 04.04.2023 he was again taken to Ambedkar Medical College Hospital, but, he died at about 00.45 hours on 05.04.2023.
Having perused the entire material on record, at this stage it cannot be said that there was any intention on the part of the accused/petitioners to do away with the life of the deceased. However, it is a matter for trial. Admittedly, there is a case and counter case registered in respect of the same incident. In the charge-sheet itself, it is stated that the deceased bit the left hand finger of accused No.1 and at that moment, accused Nos.1 to 3 assaulted him with stones and sticks. A case is also registered against the deceased and 3 to 4 unknown persons. As per the wound certificate of accused No.1, fracture was seen at the distal phalanx of 4th finger, which indicate that, both the parties have caused injuries to each other. The prosecution has to establish the ingredients of the offence alleged against the petitioners in a full-fledged trial. The petitioners are in judicial custody. They have been interrogated. In the facts and circumstances, their further detention in custody is not required.
The learned counsel for respondents would contend that the petitioners are influential persons, capable of threatening and tampering with the prosecution witnesses and chances of absconding is very high. The said apprehension can be taken care of by imposing suitable conditions. There are no criminal antecedents against the petitioners which have been brought to the notice of the Court. Petitioners have undertaken to abide by conditions. Hence, by imposing necessary conditions, the petitioners can be admitted to bail. Accordingly, the following:
ORDER
Petition is allowed.
Petitioners/accused Nos.1 to 3 in Crime No.117/2023 of HAL Police Station, shall be released on bail subject to following conditions:
(i) Petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only), each with two sureties for the likesum to the satisfaction of the jurisdictional Court.
(ii) They shall furnish proof of their residential address and shall inform the Investigating Officer/Court, if there is any change in the address.
(iii) They shall mark their attendance before the concerned police station on every Sunday between 10.00 a.m. and 1.00 p.m. for a period of 3 months.
(iv) They shall not directly or indirectly tamper with the prosecution witnesses.
(v) They shall not indulge in committing any offence.
(vi) They shall appear before the trial Court regularly without fail.
Observations made in this order is confined to the disposal of this petition.
Violation of any of the above conditions shall result in cancellation of the bail.