Nagendraswamy K.M. vs State

Budihal R.B., J.—This is the petition filed by the petitioner/accused under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 506, 504 and 307 of IPC registered in respondent police station Crime No. 84/2014.

Heard the arguments of the learned counsel appearing for the petitioner/accused and also the learned HCGP for the respondent-State.

I have perused the averments made in the bail petition, FIR, complaint, order passed by the lower Court on the bail application and other materials produced in the case. Looking to the complaint averments, case of the prosecution in brief that complainant was waiting for customers, as he was an auto driver by profession in his hiring auto at Kuvempunagar bus depot on 02.03.2014 at about 9.00 p.m. and was discussing with one Nagaraju, who is also an auto driver, regarding the money he had owed to him in the presence of other auto drivers. At that point of time, the petitioner, who is a tender coconut merchant had intervened in the discussion of the complainant for which the complainant had took some objection in that regard followed by small fight between the complainant and petitioner. Thereafter, the other auto drivers, who were present there separated the two and dropped the petitioner to his home. It is further alleged that the petitioner had returned to the said scene of incident in his motor bike with machete in hand and assaulted by giving a single blow on the head and caused the injury to the complainant and then complainant was taken to the Apollo Hospital by other auto drivers. On the basis of the said complaint, case has been registered against the petitioner for the alleged offence. During the course of arguments, learned counsel for the petitioner submitted that there was previous enmity between the two and he also submitted that, on earlier occasion, when the complainant made assault on the present petitioner, present petitioner gave the complaint on 06.02.2013 against the complainant of this case and hence, because of the said reason the complainant filed a false complaint by falsely implicating the present petitioner in this case. Learned counsel for the petitioner also produced the documents in that regard, which goes to show that petitioner herein had filed the complaint against the complainant of this case and he has also produced the material to show that there was an assault and he also sustained some injuries in the said incident. Now, as submitted, complainant herein has been discharged from the hospital and out of the two injuries he sustained, one is grievous and another one is simple in nature. When the complainant is already discharged from the hospital, as of now he is out of danger and his life is safe and the alleged offence under Section 307 is also not exclusively punishable with death or imprisonment for life and in view of the documents produced by the petitioner with regard to the earlier incident and his contention that because of such earlier incident, he has been falsely implicated in this case and he has undertaken that he is ready to abide by any reasonable conditions to be imposed by this Court, hence, I am of the opinion that by imposing reasonable conditions present petitioner can be admitted to anticipatory bail.

Accordingly, petition is allowed. The respondent-Police is directed to enlarge the present petitioner on bail in the event of his arrest for the alleged offence punishable under Sections 506, 504 and 307 of IPC registered in respondent police station Crime No. 84/2014, subject to the following conditions:

"i. Petitioner has to execute a personal bond for Rs. 50,000/- and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.

ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioner has to make himself available before the Investigating Officer for interrogation, whenever called for.

iv. The petitioner has to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond."