Devaraj & Others vs State Of Karnataka

S Vishwajith Shetty, J

Accused Nos.1 and 3 in crime No.122/2023 registered by Kadur  Police  Station,  Chikkamagaluru  for  the  offences punishable under Sections 143, 448, 504, 324, 307, 56, 147, 148 and 149 of the Indian Penal Code, 1860 ('the IPC' for short) are before this Court under Section 438 of the Cr.P.C.

Heard the learned counsel appearing for the petitioners and the learned HCGP appearing for the respondent.

On the complaint of one Sri. Ananda Murthy K.U. son of Umesha Bovi dated 30.04.2023, FIR in crime No.122/2023 was registered by Kadur Police, Chikkamagaluru against one Devaraja and others for the aforesaid offences. Petitioners are arraigned as accused Nos.1 and 3 in the FIR. In the complaint it is averred that the complainant and the accused persons had a dispute and therefore, there was some ill-will between them. On 30.04.2023, at about 9.00 p.m., the accused persons allegedly came near the house of the complainant and assaulted the complainant and his friend Suresha. In the said assault, the complainant as well as his friend Suresha allegedly suffered grievous injuries. It is also alleged that the accused persons had threatened the complainant and his friend with dire consequences and thereafter, left the spot. Apprehending arrest in the said case, the petitioners had filed Crl.Misc.No.372/2023 before the Court of the Principal District and Sessions Judge at Chikkamagaluru, which was dismissed as against them on 24.05.2023. It is under these circumstances, the petitioners are before this Court.

Learned counsel for the petitioners has reiterated the grounds urged in the petition and has prayed to allow the petition.

Per Contra, learned HCGP has opposed the bail application.

From the reading of the complaint averment it is seen that petitioner No.1 - accused No.1 had allegedly assaulted the complainant with a sickle on his head and had caused blood oozing wound. Insofar as the allegation against petitioner No.2 - accused No.3 is concerned, it is stated that he had assaulted Suresha on his hand. The wound certificate of  the injured would go to show that the injuries suffered are simple in nature. The other accused persons have been already  granted anticipatory bail by the Sessions Court. Under these circumstances, I am of the view that the petitioners have made out a prima facie case for grant of anticipatory bail.

Accordingly, the petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.122/2023 registered by Kadur Police Station for the offences punishable under Sections 143, 448, 504, 324, 307, 56, 147, 148 and 149 of the IPC, subject to the following conditions:

Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-each with two sureties for the likesum to the satisfaction of the investigating officer;

Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons;

Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon till filing of final report;

Petitioners shall not involve in similar offences in future.