Harish vs State of Karnataka

Budihal R.B., J.—This petition is filed by petitioners/accused Nos. 1 to 4 u/s 438 of Cr. P.C. seeking anticipatory bail to direct the respondent-police to release the petitioners on bail, in the event of their arrest, for the alleged offences punishable under Sections 307 and 149 of IPC registered in respondent-police station Crime No. 212/2014.

Heard the arguments of the learned counsel for the petitioners-accused No. 1 to 4 and also the learned Government Pleader appearing for the respondent-State.

Learned counsel for the petitioners during the course of his arguments has submitted that petitioners are not at all knowing the complainant and other injured persons and that they have not at all committed the alleged offences. Only at the instigation of one Kantharajegowda, a false complaint has been filed against the present petitioners. Even suspecting that as there are some loop holes in the complaint filed by the present complainant, the said Kantharajegowda has also filed the complaint against the petitioners herein which is registered in Crime No. 216/2014 for the offences alleged therein. The injured has been discharged from the hospital on the very same day and the injuries sustained by the injured are simple in nature except injury No. 2 sustained by one Tarakeshwar which is grievous in nature. It is submitted that petitioners have made out grounds for their release on bail. Hence, by imposing any reasonable conditions they may be admitted to bail.

As against this, learned Government Pleader during the course of his arguments has submitted that prosecution has placed prima facie material to show the involvement of the present petitioners in the commission of the alleged offences. The investigation is still going on and not yet completed. Hence, at this stage, petitioners are not entitled to anticipatory bail.

I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record, so also the order of the lower Court on the bail application.

As per the allegations made in the complaint on 8.4.2014 at 10.45 p.m. the complainant and two other persons heard a huge noise on the next road of their house. They came and saw that some persons were speaking in a loud voice. When the complainant and others asked them not to speak loudly since they are not able to sleep properly, the quarrel took place between them. The petitioners herein scolded the complainant and others and assaulted them with deadly weapons and caused injuries. It is the contention of the present petitioners that they are innocent and not involved in the commission of the alleged offences and it is only at the instigation of Kantharajegowda, a false case has been registered against the petitioners which they have stated in paragraph No. 6 of the bail petition. Perused the injury certificate of Dinesh, Bikas and Tarakeshwar. It is seen that except injury No. 2 sustained by Tarakeshwar, all other injuries are simple in nature. Discharge summary is also produced. The Government Pleader has also submitted that the injured have been discharged from the hospital, which shows that injured life is out of danger. It is not the case of the prosecution that the offence u/s 307 of IPC will be escalated to the higher counts.

Hence, looking to the material on record and also as the petitioners have undertaken to abide by any reasonable conditions to be imposed, I am of the opinion that petitioners are entitled to be granted with anticipatory bail. Accordingly, petition is allowed. The respondent-police are directed to release the petitioners on bail in the event of their arrest for the alleged offences under Sections 307 and 149 of IPC registered in respondent-police station Crime No. 212/2014 subject to the following conditions:

(i) Each petitioner shall execute a personal bond for Rs. 50,000/- and furnish one surety for the like sum to the satisfaction of the concerned Court.

(ii) They shall not tamper with any of the prosecution witnesses directly or indirectly.

(iii) They shall give their attendance before the respondent-police once in every fortnight preferably on Sunday between 10.00 a.m. and 12.00 noon till the completion of investigation and filing of charge sheet.

(iv) They shall appear before the concerned Magistrate Court within 30 days from the date of this order and to execute personal bond and also surety bond.