Aslam S/O Rajesab Badesabnavar vs State Of Karnataka

C M Joshi, J

Heard the learned counsel for the petitioner and learned HCGP for the respondent/State.

This petition is filed under Section 439 of Cr.P.C. seeking grant of bail in Crime No.50/2023 of Hubballi Rural Police Station for the offences punishable under Sections 307 and 324 of IPC.

The complainant happens to be the wife of the injured. It is stated that on 19.02.2023 at about 10.15 p.m., she came to know from her relative Gurusiddapppa Madiwala that her husband Vinod has been injured due to assault by the petitioner herein. Reason for the assault was that the injured Vinod had advised the accused that son of the injured should not be misguided and addicted to bad vices and he should not teach those vices to said Manjunath. Therefore, accused had intention to kill injured Vinod and hit him with his hand on the forehead and made him to fall down on the road. It was alleged that in the said scuffle, injured has sustained bleeding injury which was grievous in nature. The injured was taken to KIMS Hospital, Hubballi. The injured was not in a position to speak. It was further alleged that the accused had intention to commit murder of the injured and made him to fall down on the road, by which he sustained injuries and therefore, action be taken against the accused.

Learned counsel for the petitioner submits that there is no reason to show that the accused had intention to murder the injured. It is submitted that the injured is aged about 40 years and the petitioner is aged about 21 years and reason for the alleged assault is that the petitioner herein was making son of the injured to addict bad vices. It is submitted that there was no pre-meditation and there was no such intention to commit murder. The petitioner is ready and willing to abide by any conditions that may be imposed by this Court. As such, he may be granted bail.

Per Contra, learned HCGP submits that the nature of injuries sustained by the injured itself shows that there was intention to commit murder. It is submitted that if the petitioner is granted bail, he may tamper the prosecution witnesses and he may indulge in similar criminal activities.

A perusal of the FIR and other material available on record would show that the incident had occurred in a scuffle between the accused and the injured and the reason for such scuffle is that the injured has advised the accused not to be in the company of the son of the injured as the son of the injured was learning certain bad vices in the company of the accused. It is evident that provision of Section 307 of IPC requires, intention either by acts or otherwise that there should be intention to kill. On perusal of the records, it is evident that it was only at the questioning of the accused by the injured that the scuffle took place. Evidently, the petitioner did not have any weapon in his hand at the time of incident in question. FIR also shows that the injured fell down to the road on being hit by hand of the accused. Therefore, ends of justice would be met by imposing conditions and granting bail to the petitioner. The other apprehension expressed by the learned HCGP may be met by imposing suitable conditions. Hence, the following:

ORDER

i) This Criminal Petition is allowed.

ii) The petitioner is ordered to be released on bail in Crime No.50/2023 Hubballi Rural Police Station for the offences punishable under Sections 307 and 324 of IPC, subject to following conditions:

a) Petitioner shall execute a personal bond in a sum of Rs.1,00,000/-with two sureties for the likesum to the satisfaction of the learned Magistrate.

b) Petitioner shall not indulge in similar offences during the pendency of the case and he shall not tamper with the prosecution witnesses either directly or indirectly.

c) Petitioner shall co-operate with investigation as and when required.

d) Petitioner shall mark his attendance before SHO of the concerned police station on every first Sunday of month till filing of charge sheet.