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Judgment
S Vishwajith Shetty, J
Accused No.1 in Crime No.273/2023 registered by Malur Police Station, District Kolar for the offences punishable under Sections 323, 504 and 302 read with Section 34 of IPC is before this Court under Section 439 of the Cr.P.C.
Heard the learned counsel for the parties.
On the basis of the complaint dated 10.07.2023 lodged by Sri Subhod Kumar S/o. Sri Devendar Singh, FIR in Crime No.273/2023 was registered by Malur Police Station, Kolar against the petitioner and two others initially for the offences punishable under Sections 504, 302, 323 and 324 read with Section 34 of IPC. In the complaint, it is averred that the complainant is a lorry cleaner, who hails from Uttar Pradesh. On 08.07.2023, his lorry was parked for the purpose of loading near Honda Factory in Malur Taluk. Similar other lorries were also parked near the lorry in which the complainant was working as Cleaner. On 09.07.2023 at about 09.00 p.m., complainant heard somebody fighting. He saw petitioner, Prakash Singh and Ajay Kumar fighting with each other and at that time, complainant, Kaptan Singh and Ramgopal tried to interfere. Petitioner allegedly assaulted Ramgopal with a jack rod on his head and Ajay Kumar and Prakash Singh assaulted the complainant with a wooden piece and also with their hands. Ramgopal, who suffered grievous injury, was shifted to Hospital, but he was declared brought dead. It is in this background; complainant had approached the police and lodged a complaint, which had resulted in registering FIR in Crime No.273/2023. During the course of investigation, the petitioner was arrested on 10.07.2023 and remanded to judicial custody. Investigation in the case is completed and charge sheet has been filed as against three accused persons. Petitioner is arrayed as accused No.1 in the charge sheet. Bail application filed by him before the Court of II Additional District and Sessions Judge, Kolar in Criminal Miscellaneous No.652/2023 was rejected on 17.08.2023. Therefore, he is before this Court.
Learned counsel for the petitioner after reiterating the grounds urged in the petition, submits that the incident in question had taken place in a spur of moment, the petitioner had no intention to commit the murder of deceased-Ramgopal. Accused No.2 has been granted regular bail by this Court in Criminal Petition No.11237/2023. Petitioner has no criminal antecedents. Accordingly, he prays to allow the petition.
Per contra, the learned High Court Government Pleader has opposed the petition. She submits that there is an allegation against the petitioner that he has assaulted Ramgopal on his head with the jack rod. There is no such allegation against accused No.2 and therefore she prays to dismiss the petition.
From a perusal of the complaint as well as charge sheet allegations, it is seen that after seeing the accused persons quarrelling with each other, Ramgopal, Kaptan Singh and complainant had tried to interfere and at that time, petitioner herein allegedly assaulted Ramgopal with a jack rod on his head and accused No.2 allegedly assaulted complainant with the wooden piece on his body. As a result of assault made by petitioner/accused No.1, Ramgopal had collapsed to the ground and thereafter he was taken to the hospital. However, Doctors in the hospital had declared that Ramagopal had died.
From a reading of the material available on record, it can be gathered that the accused persons had no ill-will as against Ramgopal or the other injured persons neither they had any intention to commit the murder of Ramagopal. The incident in question appears to have been taken place in a spur of moment when Ramgopal and others tried to interfere while the accused were quarrelling. Investigation in the case is completed and charge sheet has been filed. It is not in dispute that the petitioner has no criminal antecedents. Accused No.2 has been granted regular bail by this Court in Criminal Petition No.11237/2023. Under the circumstances, the prayer made by the petitioner for grant of regular bail is required to be answered in the affirmative. Accordingly the following:
ORDER
Petition is allowed. The petitioner/accused No.1 is directed to be enlarged on bail in Crime No.273/2023 registered by Malur Police Station, District Kolar for the offences punishable under Sections 323, 504 and 302 read with Section 34 of IPC, subject to the following conditions:
i. The petitioner/accused No.1 shall execute personal bond for a sum of Rs.1,00,000/-with 2 sureties for the like-sum to the satisfaction of the jurisdictional Court;
ii. The petitioner/accused No.1 shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
iii. The petitioner/accused No.1 shall not directly or indirectly threaten or tamper with the prosecution witnesses;
iv. The petitioner/accused No.1 shall not involve in similar offences in future.