Noor Jaan & Others vs State Of Karnataka

H.P. Sandesh, J

This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners/accused Nos.2 and 3 on bail, in the event of their arrest in respect of Crime No.376/2021 registered by Hosakote Police Station, Hosakote Sub-Division, Bengaluru District, for the offences punishable under Sections 506, 504, 307, 323 and 324 read with Section 34 of IPC.

Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

The factual matrix of the case of the prosecution is that accused No.1 has assaulted the victim with knife on his head, accused No.2 with stick on the body and accused No.3 instigated the other accused persons. Based on the complaint, case has been registered for the offences punishable under Sections 307, 504, 323, 324 and 506 read with Section 34 of IPC.

Learned counsel for the petitioners would submit that the only allegation against these two petitioners is that they helped accused No.1 in assaulting the victim and instigated the other accused persons to inflict injury to take away the life of the victim. The counsel would submit that the accused No.1 is already enlarged on bail and hence, these petitioners may be enlarged on bail.

Per contra, learned High Court Government Pleader appearing for the respondent-State would submit that the allegation against the accused No.2 i.e., the petitioner No.1 herein is that she assaulted the victim with stick and instigated other accused persons to inflict injury. He would also submit that the injured has taken treatment in the hospital as an inpatient. Hence, there is a prima facie case against the petitioners herein.

Having heard the respective counsel and also on perusal of the material on record, it is the specific allegation against the petitioner No.1 that she inflicted injury with stick on the body and the petitioner No.2 instigated not to leave him. Having taken note of the gravity of the offence and the allegations made against these two petitioners i.e., except the instigation as well as the assault made with stick on the body, no other allegations are made against the petitioners. The only allegation is against accused No.1 that he inflicted injury with stick and accused No.1 has already been enlarged on bail by the Trial Court. Having taken note of the same, it is a fit case to exercise the powers under Section 438 of Cr.P.C. in favour of the petitioners, 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 petitioners-accused Nos.2 and 3 shall be released on bail, in the event of their arrest in connection with Crime No.376/2021 registered by Hosakote Police Station, Hosakote Sub-Division, Bengaluru District, for the offences punishable under Sections 506, 504, 307, 323 and 324 read with Section 34 of IPC, subject to the following conditions:-

(i) The petitioners shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties each for the like-sum to the satisfaction of the concerned Investigating Officer.

(ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.

(iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer, as and when called for.

(iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier.

(v) The petitioners shall mark their attendance once in a month i.e., on 30th of every month between 10.00 am and 5.00 pm., before the Investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.