Anjanamurthy vs State Of Karnataka & Others

K. Natarajan, J

This petition is filed by petitioner-accused No.1 under Section 439 of Cr.P.C. for granting regular bail in Crime No.21/2021 registered by the

Nelamangala Rural Police Station, for the offences punishable under Sections 323, 354, 307, 504, 506 read with Section 34 of IPC and Section 3(1)

(11) and 3(2)(V) of SC/ST (Prevention of Atrocities) Act, 1989.

Heard arguments of learned counsel for the petitioner, learned HCGP for respondent â€" State and learned counsel for second respondent/defacto

complainant.

The case of the prosecution is that on 18.1.2021, the respondent police on the medico-legal case intimation, recorded the statement of the informant

at 5.00 AM at Bowring and Lady Curzon Hospital, where the defacto complainant stated that herself and her husband were running a petty shop. On

17.01.2021 at 9.30 p.m., the unknown person (the petitioner herein) came to the shop under the guise of purchasing cigarette and tried to misbehave

with her, hence, she got provoked and took a chopper and this petitioner assaulted on his neck. Then he went back and brought his parents, his parents

held hands and legs of the complainant and assaulted on her legs and caused grievous injuries. After registering the case she was taken to the

Government hospital at Nelamangala and shifted to Bowring Hospital and after receiving the complaint, the police registered a case against the

petitioner and two others. On 25.01.2021 the petitioner was arrested and remanded to judicial custody. The petitioner approached the Sessions Judge

for bail, which came to be rejected. Hence, petitioner-accused No.1 is before this Court.

Learned counsel for the petitioner contended that the petitioner is innocent of the alleged offences. In fact, the complainant herself assaulted the

petitioner with a chopper. Thereafter, he assaulted her. The case has been registered against the informant in Crime No.20/2021 for the offence

punishable under Section 307 of IPC. She is absconding in the said case. The petitioner is in custody for more than two months. The charge sheet is

yet to be filed. The petitioner is ready to abide by any conditions that may be imposed by this Court. Hence, prayed for granting of bail.

Learned High Court Government Pleader objected for grant of bail and contended that the injured has sustained grievous injuries. The investigation

is still pending. Hence, prayed for dismissal of the bail petition.

Learned counsel for respondent No.2 / defacto complainant seriously objected for granting bail and contended that the accused came along with

other accused, held the hands and legs of informant and assaulted on her legs. The injuries are serious in nature. She is under treatment at Bowring

and Lady Curzon Hospital. The investigation is still pending. The offence is heinous one. The accused repeatedly trying to misbehave with the

complainant. Hence, prayed for dismissal of bail petition.

Upon hearing the arguments and perusal of the records, which goes to show that of course, the petitioner went to the shop of the complainant for

purchasing Cigarette. At that time, there was some quarrel between complainant and the petitioner. The complainant took a chopper and assaulted on

the neck of the accused. In this regard, a case was registered against the informant in Crime No.20/2021 for the offence punishable under Section 307

of IPC. The information is absconding in the said case and she has not been arrested. This is a counter case filed by the complainant against the

accused. The injured is already discharged from the hospital as per the report submitted by the learned counsel for the petitioner, which goes to show

that initially the victim was admitted to Nelamangala Government Hospital and thereafter, shifted to Bowring and Lady Curzon Hospital. On

20.01.2021 she was admitted to KIMS Hospital and discharged on 22.01.2021. I have perused the treatment records wherein it reveals that the

complainant/victim is discharged from the hospital and she is out of danger. The incident took place during the quarrel when the petitioner came for

purchasing cigarette. There is no intention or motive to commit murder and injury was on the leg, which is not a vital part of the body. In view of filing

of case and counter case and that the complainant is still absconding in the case filed by the petitioner and that the petitioner is in custody for more

than two months, the presence of the petitioner may not be required for the purpose of investigation, except for trial. It cannot be said at this stage,

that with an intention to insult the members of SC/ST, the quarrel took place between the parties and in view of the case registered against the

complainant, I am of the opinion that by imposing stringent conditions, if the petitioner is granted bail, no prejudice would be caused to the case of the

prosecution. Accordingly, I pass the following:

ORDER

The criminal petition is allowed.

The Special Court/trial Court is directed to release the petitioner-accused No.1, on bail in Crime No.21/2021 registered by Nelamangala Rural Police

Station, for the offences punishable under Sections 323, 354, 307, 504, 506, 34 of IPC r/w Sec. 3(1)(xi), 3(2)(v) of SC/ST (Prevention of Atrocities)

Act, subject to the following conditions:-

i) Petitioner shall execute personal bond in a sum of Rs.2,00,000/- (Rupees two lakh only) with two sureties for likesum to the satisfaction of the trial

Court;

ii) Petitioner strictly shall not indulge in similar offences;

iii) Petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;

iv) Petitioner shall appear before the Investigating Officer and mark his attendance on every Monday between 10.00 a.m. and 4.00 p.m. for a period

of two months or till filing of the charge sheet whichever is later;

v) Petitioner shall not go near the shop of the complainant.

If any of the above conditions are violated, the prosecution or the defacto complainant is at liberty to move for cancellation of bail.