Patil vs The State of Karnataka

R.B. Budihal, J.—This is the petition filed by the petitioners/accused Nos. 2, 4 and 5 u/s 438 of Cr. P.C. seeking anticipatory bail to direct the respondent-police to release the petitioners on bail in the event of arrest of the petitioners for the alleged offences punishable under Sections 506, 504, 143, 147, 148, 149, 307, 323 and 324 of IPC registered by the respondent police station in Crime No. 51/2014.

Heard the arguments of the learned counsel appearing for the petitioners/accused Nos. 2, 4 and 5 and heard the learned High Court Government Pleader for the respondent-State.

Learned counsel for the petitioners during the course of his argument submitted that there is a case and counter case. In this case, he made a submission that accused No. 1 also lodged a complaint against the complainant of this case and others, which is also registered in Crime No. 52/2014. The counsel made the submission that though it is alleged that the petitioners along with other accused persons having deadly weapons assaulted the complainant and also one Shivu. The injuries sustained by Mahesh as well as Shivu, are mentioned as simple in nature by the doctor who treated the complainant and another. He also made the submission that injured have been already discharged from the hospital and hence, he submitted that as there are case and counter cases and the FIR, complaint in respect of the counter case is already produced along with this petition. Therefore, he made the submission that investigation is completed and charge sheet has been filed in the matter The petitioners may be admitted to bail by imposing reasonable conditions.

As against this, learned High Court Government Pleader during the course of his argument submitted that looking to the prosecution materials collected during the investigation, it clearly makes out a prima facie case against the present petitioner. Hence, he submitted that the offences alleged u/s 307 of IPC, is a serious offence. Therefore, the petitioners are not entitled to be granted with bail. But the learned HCGP also made the submission that the investigation is completed in the case and charge sheet has been filed.

I have perused the averments made in the bail petition, FIR, complaint and the order passed by the lower Court on the bail application and other materials placed by the petitioners along with the petition. As submitted by the learned counsel appearing for the petitioners herein, the petitioner-accused No. 1 filed the complaint against the complainant of this case as well as others. FIR and complaint copies are produced herein. I have perused the said documents. The said cases also registered in Crime No. 52/2014, the date of the offences are also same i.e., 18.2.2014. So materials goes to show that there is a case and counter cases between the parties, when that is so, actually who are aggressor, who first initiated the incident is to be ascertained by the trial Court during the course of trial. By looking to the offences, as submitted that the complainant and also other injured namely Mahesh as well as Shivu have been already discharged from the hospital and injury certificates of Mahesh as well as Shivu have been produced by the counsel appearing for the petitioners. Perusing the injury certificates dated 10.03.2014, it is mentioned by the Doctor that the above injuries are simple in nature. Therefore, it goes to show that the injured have been already discharged from the hospital and their condition is safe and out of danger. The alleged offences u/S. 307 of IPC along with other offences are not exclusively punishable with death or imprisonment for life. But, it is the apprehension of the prosecution that if anticipatory bail is granted it is difficult for the prosecution to secure presence of the petitioners before the trial Court. For this apprehension, reasonable conditions may be imposed and petitioners may be admitted to bail.

Accordingly, the petition is allowed. The respondent-police are directed to release the petitioners on bail in the event of their arrest for the offences punishable under Sections 506, 504, 143, 147, 148, 149, 307, 323 and 324 of IPC registered by the respondent-police in Crime No. 51/2014, subject to the following conditions:

(i) The petitioners shall execute a personal bond for a sum of Rs. 50000/- each (Rupees Fifty Thousand only) with one solvent surety for the likesum to the satisfaction of the concerned Court;

(ii) The petitioners shall not directly or indirectly tamper with any of the prosecution witnesses;

(iii) The petitioners shall make themselves available to the Investigating Officer for interrogation whenever called for; and

(iv) The petitioners shall appear before the concerned Court within thirty days from the date of this order and execute the personal bond and also the surety bond.