Mr. Jaganatha vs The State of Karnataka

H.S. Kempanna

The petitioner, who is arrayed as accused No. 2 in Crime No. 28/2012 of Hiriyur Police Station, registered for the offences punishable under Sections 143, 147, 148, 307, 323, 324 and 504 r/w 149 of IPC, has sought for grant of anticipatory bail. It is the case of the prosecution that on 29.01.2012 at about 7.00 p.m. this accused along with five others, which included his wife entered into the shop of the complainant Sarojamma, picked up quarrel with her and her son Manjunatha in connection with drawing power to the shop owned by her, assaulted her son with stones, wooden reapers, chopper and also sprinkled chilly powder on them.

Learned counsel appearing for the petitioner contended that this petitioner along with five others in this very case had approached the learned Sessions Judge u/s 438 of Cr.P.C. praying for grant of anticipatory bail. The learned Sessions Judge allowed the applications of the other accused, who had preferred petitions along with him, but dismissed his application on the ground that he had inflicted injury to the victim Manjunath with a chopper on his head. He further submitted that at the time the application filed for grant of anticipatory bail was heard by the learned Sessions Judge, the victim was undergoing treatment. As on the date, he has been discharged from the hospital. He further submitted that the wife of the accused, who has now been granted anticipatory bail by the learned Sessions Judge, has filed complaint against the complainant and his son in this very case alleging that they had criminally intimated them and had threatened her with dire consequences in connection with drawing of power to their respective tea shops situated adjacent to each other. On account of the counter case that has been filed, the present petitioner has been falsely involved in the case. He hails from a respectable family having deep roots in the society and taking into consideration that the other accused have already been granted anticipatory bail, he be also granted relief of anticipatory bail.

Per contra, learned High Court Government Pleader opposed the grant of anticipatory bail to this petitioner on the ground that the overt act attributed to this petitioner is that he has assaulted the victim Manjunatha on his head with a chopper, and as the investigation is still pending having regard to the overt act attributed to him and as he has not made himself available to the police so far he is not entitled to Anticipatory bail.

The material on record reveals that the occurrence has taken place due to the differences that existed on account of the complainant and her son on the one hand and the accused and their henchmen on the other hand drawing power to their respective tea shops. In the altercation, it is alleged that this petitioner has assaulted the victim Manjunatha with a chopper on his head. It is brought to the notice of the Court that the victim as on today has been discharged from the hospital. The wife of the accused has also filed complaint against the complainant and his son on the basis which a counter case is registered by the police in Crime No. 29/12 for the offence punishable under Sections 504 and 506 of IPC. That goes to show that the occurrence has taken place at the spur of the movement and case and counter case has been registered. In view of the fact that the other accused in this very case have been already granted anticipatory bail and regular bail and taking into consideration the background in which the occurrence has taken place, I do not find any justification to decline the request of this petitioner also. In the result for the foregoing reasons, I proceed to pass the following:-

ORDER

(i) Criminal petition is allowed.

(ii) Petitioner in the event of his arrest

in Crime No. 28/2012 of Hiriyur Police Station, the said police are directed to release him on bail on his executing a personal bond in a sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the said police, subject to the following conditions;

(a) He shall surrender before Hiriyur Police station, on or before 15.05.2012 for the purposes of his arrest and release.

(c) He shall make himself available to the police as and when required for the purposes of investigation.

(b) He shall not tamper with the prosecution witnesses.