Kumar & Others vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioners in Crime No.256/2021 of Channammanakere Achu Kattu

Police Station, Bangalore for the offence punishable under Sections 143, 144, 147, 148, 323, 324, 307, 504, 506, 120B, 149 of IPC and Section 27(2) of

Arms Act.

Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

The factual matrix of the case is that on 02.12.2021, these petitioners, who have been arraigned as accused Nos.6 and 11 along with other accused

persons with an intention to take away the life of the victim, formed an unlawful assembly and they were holding deadly weapons in their hands and at

that juncture, accused No.1 inflicted injury with dagger on the stomach of the victim, as a result, he has sustained injuries and he was an inpatient from

03.12.2021 to 24.12.2021. Hence, invoked the offence of attempt to murder and also other offences.

The learned counsel for the petitioners would submit that the only allegation against these petitioners is that they were holding the deadly weapons

and they were part of the unlawful assembly and the complainant himself had come near the place of the accused. The main allegation of stabbing the

victim is against accused No.1 and only general omnibus allegations are made that these petitioners were having deadly weapons and no overt-act

allegations against the petitioners. Hence, they may be enlarged on bail.

Per contra, the learned High Court Government Pleader appearing for the respondent-State would submit that these petitioners are part of unlawful

assembly and shared common object. Even though there are no specific over-act allegations against petitioners, but they were holding the deadly

weapons and also allegation is very clear that all of them went with deadly weapons in order to take away the life of the victim. Hence, it is not a fit

case to enlarge them on bail.

Having heard the respective learned counsel, the specific allegation is made against one Yuvaraja/accused No.1 that with dragger he inflicted injury

on the stomach of the victim twice and having noticing the same, immediately he was taken to the hospital. Having perused the complaint averments,

there is no overt-act allegation against the petitioners, but only allegation is that they were having deadly weapons. Having taken note of the allegation

in the complaint and no over-act allegations against the petitioners, it is a fit case to exercise the powers under Section 439 of Cr.P.C. since these

petitioners are in custody from the date of arrest i.e., 04.12.2021.

In view of the discussions made above, I pass the following:

ORDER

The petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.256/2021 of Channammanakere Achu

Kattu Police Station, Bangalore for the offence punishable under Sections 143, 144, 147, 148, 323, 324, 307, 504, 506, 120B, 149 of IPC and Section

27(2) of Arms Act, subject to the following conditions:

(i) The petitioners shall execute their personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties each for the like-sum

to the satisfaction of the jurisdictional Court.

(ii) The petitioners shall not indulge in tampering the prosecution witnesses.

(iii) The petitioners shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against them is

disposed of.