Manoj Kumar Jena vs State of Kanataka

A.V. Chandrashekara, J.—Bail application under Section 439 of Cr. P.C. is filed by the petitioners seeking regular bail who have been in judicial custody relating to Crime No. 178/2014 on the file of Ajjampura Police Station, Chikmagalur District against the order passed in Crl. Misc. No. 611/2014 by the I Addl. Sessions Judge, Chikmagalur. They have undertaken to obey any conditions imposed on them.

According to the learned counsel for the petitioners, both the injured are out of danger and the injuries sustained by them were simple in nature.

Learned High Court Government Pleader has opposed the bail application vehemently contending inter alia that prima facie case is made out against the accused and if bail is granted, there are chances of accused absconding from the jurisdiction of the Police Station and the Court, more importantly, when they are the permanent residents of various places in Orissa State.

Perused the records.

A perusal of the documents filed along with the petition reveal that complainant by name Anil Shetty chose to give a statement in Nanjappa Hospital, Shimogga on 27.06.2014 between 4.00 PM and 4.30 PM to the police station that he joined a job at Ajjampura in Bhadra Upper Project about 15 days back and that on 26.07.2014 at about 11.00 am, himself and one Ambareesha asked Manoj-the first petitioner herein to put out the compressor engine. The first petitioner is stated to have refused to do the same and in this regard, himself and Ambareesha scolded the first petitioner. On the same day, at 1.30 AM while Anil Shetty was coming from mess, petitioners herein assaulted him with an iron pipe on his head and neck all of a sudden and as a result of the same, he sustained injuries. Petitioner NO. 7 is stated to have assaulted with hands. Thereafter, all the petitioners assaulted Ambareesha with iron pipe on his head and other parts of the body and caused bleeding injuries. The persons who were present their pacified them and took both the injured to Nanjappa Hospital, Shimogga for treatment.

After perusing the records submitted by the learned HCGP, it is seen that Anil Shetty-the complainant had sustained simple injury and it was a defused contusion over vertex on the head. CT Scan done discloses that there was no internal bleeding in the brain. Both the injured are out of danger. What is to be seen at this stage is, whether the injuries so sustained would really come within the purview of Section 307 of IPC?

Admittedly, petitioners are poor labourers who have come to Karnataka in search of job and they have undertaken to obey any conditions which may be imposed on them. It is submitted that entire investigation is already over and charge sheet is likely to be filed in a few days. In this view of the matter, petitioners are entitled to be released on bail.

ORDER

In this view of the matter, petition is allowed and bail is granted to the petitioners, subject to the following conditions:-

(i) Petitioners shall be released on bail on they executing personal bonds for a sum of Rs. 30,000/- each with one surety, for the likesum to the satisfaction of the learned JMFC/Sessions Judge.

(ii) They shall not tamper or attempt to tamper any of the prosecution witnesses.

(iii) They shall not give threat to the prosecution witnesses in any manner.

(iv) They shall not involve in any criminal activities.