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Judgment
This petition is filed by the petitioner/accused Nos.1, 3, 4, 7 and 8 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.5/2017 of Saidapur Police Station, Yadgir registered for the offences punishable under Sections 143, 144, 147, 148, 323, 324, 354(B), 307, 504, 506 r/w 149 of IPC.
Brief facts leading to filing of the complaint are that, on 17.01.2017 at about 7:30 p.m. when the complainant along with his brother were having a chat nearby the village gate, by noticing accused Nos.1 & 2, the complainant informed them that he came to know that the accused persons are intending to file a complaint, as the complainant has caused damage to the stones kept on the bund, but he did not intentionally did so, but while moving the JCB it touched to the said stones and caused damage. By hearing so, accused No.1 abused the complainant in filthy language and assaulted on the chest and head of the complainant and assaulted on the brother of the complainant with stone; accused No.2 assaulted on the hind side of the head with a stick and on seeing the incident, the person who were there rushed to the spot and separated the scuffle and sent the complainant and the accused persons to their houses. It is further alleged that subsequently all the accused persons by forming into an unlawful assembly by holding deadly weapons like stick and axe had been to the house of the complainant and started to abuse them in filthy language. At that time, accused No.5 assaulted on the head of the Hanmanth with stick; accused No.3 assaulted on his left shoulder with a stick and when the uncle of the complainant came to separate the scuffle, accused No.5 assaulted on his head with a stick; accused No.6 assaulted on his back with a stick; so also accused No.5 assaulted on the head of Banneppa; accused No.3 assaulted on his left elbow and when one Yenkatappa and Gundamma came to separate the scuffle, accused No.6 fisted on his right shoulder; accused No.8 assaulted on the chest of said Gundamma; accused No.4 assaulted on his neck with a stick and one Bheemanna and Rajappa have separated the scuffle. On the basis of the complaint, a case has been registered against the accused-petitioners.
I have heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for respondent-State.
The main grounds urged by the learned counsel for the petitioners are that the present complaint came to be filed as a counter blast to the earlier complaint filed by the accused persons. He has further contended that the accused persons are innocent and have not committed any offence alleged against them. He has further contended that the complainant and other witnesses have not sustained any injuries as per the records, a false complaint came to be filed. He has further contended that the alleged offences are not punishable with death or imprisonment for life. He has further contended that if the petitioners are released on bail, they are ready to abide by the conditions to be imposed by this Court and are ready to offer sureties. On these grounds, he prays for allowing the petition.
On the contrary, learned High Court Government Pleader appearing for the respondent-State has vehemently contended that the accused-petitioners have taken active role in the alleged crime and there are eyewitnesses to the alleged incident and accused- petitioners are the main cause for the alleged incident. He has further contended that investigation is still under progress and at this juncture, if the petitioners are released on bail, there is likelihood of they being absconded and they may not be available for trial. On these grounds, he prays for dismissal of the petition.
I have gone through the copy of the FIR, complaint and other material produced along with the petition. As could be seen from the complaint, it reveals that there are case and a counter case filed by the accused-petitioners as well as the complainant. It is brought to my notice that the complainant and other witnesses who have been examined by the police immediately after their arrest under Form No.4B therein it has been mentioned that there were no injuries found over the body of the complainant on the contrary the accused-petitioners have sustained injuries on forehead and on other parts of the body. When that being the case it itself indicates that there were case and counter case between the complainant and the accused- petitioners. Be that as it may, on going through the contents of the complaint it indicates that the alleged offences are not punishable with death or imprisonment for life and the complainant and other witnesses have not sustained any injuries as per the records. Under such circumstances, I feel if the accused-petitioners are released on bail, by imposing some stringent conditions, it would meet the ends of justice.
For the aforementioned reasons, the petition is allowed and the respondent Police are hereby directed to release the petitioner/accused Nos.1, 3, 4, 7 & 8 on bail, in the event of their arrest, for the above said offences, subject to the following conditions:
i) The petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two solvent sureties each for the likesum to the satisfaction of the jurisdictional Court;
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses;
iii) The petitioners shall make themselves available to the Investigating Officer as and when required;
iv) The petitioners shall mark their attendance before the Investigating Officer once in fortnight till the charge sheet is filed;
v) The petitioners shall appear before the jurisdictional Court and execute personal bond, surety bond and furnish sureties within thirty days from the date of receipt of certified copy of this order.