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Judgment
29 paragraphs · 540 wordsH.P. Sandesh, J
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner/accused No.2 in Crime No.112/2021 of Kempegowdanagar
Police Station, Bengaluru City, for the offences punishable under Sections 143, 144, 341, 307, 504, 506 read with Section 149 of IPC.
Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.
The factual matrix of the case is that, this petitioner i.e., accused No.2 assaulted the victim with stone on the head and other accused persons
abused, surrounded and caught hold of him. Accused No.1 pulled his collar and dragged him near cyber shop near the hotel, as a result, the victim has
sustained the injuries. The police have registered a case, investigated the matter and filed the charge-sheet for the offences punishable under Sections
143, 144, 341, 307, 504, 506 read with Section 149 of IPC.
The learned counsel appearing for the petitioner would submit that this petitioner was arrested on 30.10.2021 and the investigation has been
completed and the charge-sheet has been filed. The injuries sustained by the victim is simple in nature and no custodial trial is required.
Per contra, the learned High Court Government Pleader appearing for the respondent/State would submit that the specific overt act allegation is
made against this petitioner that he had assaulted with stone on his head and other accused persons surrounded him and dragged him.
Having considered the submissions of the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader
appearing for the State and on perusal of the material available on record and taking into note of the circumstances under which the incident was
taken place and also the enmity and particularly the nature of injury sustained by the victim is simple in nature and this petitioner is in custody from
30.10.2021. When such being the factual aspects of the case and the investigation has already been completed, there is no need of custodial trial.
Whether he has the intention to take away the life of the victim is a matter of trial and the same has to be tested in a trial. Hence, it is a fit case to
exercise the powers under Section 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution.
Hence, I pass the following:-
ORDER
The Petition is allowed. Consequently, the petitioner/accused No.2 shall be released on bail in Crime No.112/2021 of Kempegowdanagar Police
Station, Bengaluru City, for the offences punishable under Sections 143, 144, 341, 307, 504, 506 read with Section 149 of IPC, subject to the following
conditions:
(i) The petitioner shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the
satisfaction of the jurisdictional Court.
(ii) The petitioner shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against him is disposed
of.