M. Kumara vs The State of Karnataka

Budihal R.B., J.—This petition is filed by the petitioner-accused No. 2 u/s 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 323, 324,307 read with 34 of IPC registered in respondent Police Station Crime No. 275/2014.

I have heard the learned Counsel appearing for the petitioner-accused No. 2 and the learned High Court Government Pleader appearing for the respondent-State.

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

The case of the prosecution in brief is that on 06.05.2014 at 8:30 a.m., husband of the complainant and the complainant had been to their land situated at M. Bettahalli Village, bearing Sy. No. 8/1, for the purpose of cultivation. At 10:30 a.m., petitioner, Manjusetty and Guru came to the place by holding chopper, sickle and knife. They assaulted with those weapons on the face of husband of the complainant, thereby he fell down and become unconscious. At that time, the petitioner has assaulted the complainant''s husband with sickle, and Manjushetty and Guru have also assaulted him with stone. All of them, together, put stone on the hand of her husband and thereby, her husband sustained injuries. On the basis of the said complaint, the case was registered by the respondent police.

Perusing the wound certificate, though in the complaint, it is alleged that all the three accused persons were having deadly weapons like chopper, sickle and knife, but the wound certificate goes to show that while giving history of the incident, the wife of the complainant stated that Marishetty and the others assaulted her husband at about 10.45 a.m. on 6.5.2014 by using stone near their field. This goes to show and it goes to falsify the case of the prosecution regarding the weapons like chopper, sickle and knife said to have been used by the petitioner.

It is no doubt true that as per the injury certificate, the husband of the complainant sustained three injuries and out of the three injuries said to have been sustained, the Doctor has opined that injury No. 1 is grievous in nature and injury Nos. 2 and 3 are simple in nature. The learned Counsel has also produced the discharge card which goes to show that the injured is already discharged from the hospital. This material at this stage makes it clear that the life of the injured is out of danger.

In the petition, the petitioner has contended that he is innocent and he has been falsely implicated in the case. He has undertaken that he is ready to abide by any condition that may be imposed by this Court. The offence alleged u/s 307 IPC is not exclusively punishable with death or imprisonment for life. Therefore, by imposing reasonable conditions, he can be admitted to bail.

In the result, the petition is allowed. The petitioner is ordered to be released on bail of the offence punishable under Sections 323,324, 307 read with 34 of IPC registered in respondent Police Station Crime No. 275/2014, subject to following conditions:-

I. The petitioner shall execute bond for a sum of Rs. 50,000/- (Rupees fifty thousand only) and shall offer a surety for the like sum to the satisfaction of jurisdictional Court.

II. The petitioner shall not intimidate or tamper with prosecution witnesses, directly or indirectly.

III. The petitioner shall attend the concerned Court regularly.