Basavaraju and Others vs State

Budihal R.B., J.—This is the petition filed by the petitioners-accused u/s 438 of the Cr.P.C. seeking anticipatory bail and to direct the respondent-police to release the petitioners on bail in the event of arrest of the petitioners for the offences punishable under Sections 143, 147, 323, 324, 506, 114, 325, 326 and 354 read with Section 149 of the IPC registered in respondent-police station Crime No. 233/2013. The brief facts of the case averred in the petition are that it is alleged in the complaint that there was quarrel took place between the accused No. 1 and the husband of the complainant at Thalagavadi Village at Malavalli Taluk at the time of procession of Ganesha festival. Hence, on 10.10.2013 at about 7.30 p.m. accused No. 1 came near complainant''s house and assaulted the complainant''s husband and caused the injuries. On the basis of the said complaint respondent-police have registered the case against the petitioners for the alleged offences.

Heard the learned counsel appearing for the petitioners and also the learned H.C.G.P. appearing for respondent-State.

I have perused the averments made in the bail petition, FIR, complaint, bail order passed by the lower court and other materials produced in the case.

The offences alleged are all triable by the Court of Magistrate and they are not exclusively punishable with death or imprisonment of life. It is also not the case of the prosecution that the injured is still in the hospital and getting the treatment and his condition is in danger. The petitioners have mentioned in the bail petition that they are innocent and having been falsely implicated in the case at the instance of the complainant and their family members and petitioners have undertaken that they are ready to abide to any conditions imposed by the Court. Looking to the materials on record and nature of the offences and as they are triable by the Court of Magistrate and as the investigation is completed and charge-sheet is filed and as the petitioner has made out a reasonable cause for apprehension of the arrest at the hands of the respondent-police, I am of the opinion that it is a fit case to exercise the discretion in favour of the petitioner. Accordingly, petition is allowed and respondent-police are directed to release the petitioners on bail in the event of their arrest for the offences punishable under Sections 143, 147, 323, 324, 506, 114, 325, 326 and 354 read with Section 149 of the IPC registered in respondent-police station in Crime No. 233/2013. Hence, the following order is passed:

i. Each petitioner has to execute a personal bond for Rs. 25,000/- and has to furnish one surety for the like sum to the satisfaction of the Trial Court.

ii. The petitioners shall not tamper the prosecution witnesses, directly or indirectly.

iii. The petitioners have to make themselves available before the Investigating Officer for interrogation whenever called for.

iv. The petitioners have to give attendance before the respondent-police station on every Sunday between 10.00 am to 11.00 am till the completion of the investigation.

v. The petitioners have to appear before the concerned Magistrate Court within thirty days from the date of this order to execute the personal bond and the surety bond.