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Judgment
S Vishwajith Shetty, J
Accused No.7 in Crime No.89/2021 registered by Thirumalashettahalli Police Station, Bengaluru District for the offence punishable under Sections 143, 147, 148, 149, 307 and 323 of Indian Penal Code, 1860 (for short hereinafter referred to as 'IPC') is before this Court under Section 438 of Cr.P.C., seeking anticipatory bail
Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
On the basis of the statement dated 14.09.2021 given by the injured Rajesh which was recorded by the Police in the Government hospital, Hoskote, FIR in Crime No.89/2021 was registered by Thirumalashettahalli Police Station, Bengaluru District, initially for the offence punishable under Sections 143, 147, 148, 149, 307 and 323 of IPC, against Sunil and others. Investigation in the case is complete and charge sheet has been filed. In the charge sheet the petitioner is arrayed as accused No.7.
Apprehending arrest in the said case, petitioner had filed Criminal Miscellaneous No.681/2022 which was rejected by the Court of VI Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru on 11.04.2022. It is under these circumstances, the petitioner is before this Court.
The learned counsel for the petitioner reiterates the grounds urged in the petition and prays to allow the petition.
Per contra, learned High Court Government Pleader has seriously opposed the petition and prays for dismissal of the petition.
From the perusal of the charge sheet allegations, it is seen that the petitioner is arrayed as accused No.7. His name is not found in the FIR. During the course of the investigation, some of the accused was arrested and charge sheet is filed as against seven persons. Petitioner is arrayed as accused No.7 in the charge sheet. As per the charge sheet allegations, accused Nos.3 to 7 had assaulted the injured with the hands. Even otherwise, the injured has suffered only simple injuries in the incident that had taken place on 14.09.2021.
Under these circumstances, I am of the view that, petitioner has made out a case for grant of anticipatory bail. Hence, the following:
ORDER
Criminal petition is allowed.
The respondent - police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.89/2021 registered by Thirumalashettahalli Police Station, Bengaluru District for the offence punishable under Sections 143, 147, 148, 149, 307 and 323 of IPC, subject to the following conditions:
Petitioner 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/-(Rupees One lakh only) with two sureties for the likesum to the satisfaction of the concerned Court.
Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
Petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon.
Petitioner shall not involve in similar offences in future.