Pavan vs The State of Karnataka

Aravind Kumar, J.—1. Heard Sri Shivanand V. Pattanashetti, learned Advocate appearing for petitioner and Sri Prakash Yeli, learned Additional State Public Prosecutor appearing for State. Perused the records.

Petitioner has been arraigned as accused No. 3 in Crime No. 279/2015 of Vijayapur Gandhi Chowk Police Station registered for the offences punishable under Sections 307, 324, 504, 506 r/w Section 34 of IPC.

Complaint by one Sadashiv @ Suman was lodged on 11.9.2015 alleging that he and his friends namely, Tanveer, Vinod Bajantri and Swaroop were proceeding on a motorcycle and near the water tank traffic signal, Tanveer, spat "mava" which was being chewed by him and same fell on some person, on account of which quarrel was picked up and later on passers-by pacified said quarrel. It is further stated that complainant and his friends went to Ambika Kanavali and after dinner Vinod Bajantri and Swaroop went on motorcycle to petrol bunk whereas the complainant and Tanveer proceeded towards water tank and near Veerbhadreshwar Kanavali they were accosted by accused Nos. 1 to 3 and quarrel was picked up by them relating to the incident that had occurred on the earlier part of night. As such, after fisticuffs being heaped on the complainant and Tanveer, all the three accused persons assaulted Tanveer with wooden rafter and knives by stabbing on the back and stabbing on the testicles of Tanveer causing grievous injuries and posing life threat to him. It is also stated that injured was treated at Government Hospital, Vijayapur, and later shifted to BLDE Hospital and on account of continuous flow of blood, he was shifted to Yashodhara Hospital at Solapur for better treatment. Hence, it was alleged in the complaint that all the three accused persons had assaulted the injured with an intention to murder him. The records would indicate that the injured has been discharged from the hospital and as per the wound certificate, the injuries caused to the victim are as under:

"i. Penetrating injury abt. 3cm X 1 cm, depth about 10cm;

ii. CLW over scrotum region abt. 5cmX1cmX1cm;

iii. Sutured CLW over left flank abt. 5cm;

iv. CLW over right thigh medial aspect abt. 3cm X 1cm X 0.5cm;"

It is the contention of learned Advocate appearing for petitioner that petitioner is a Medical Representative by profession and he has been falsely implicated in the case and he does not have any criminal background or antecedent. He would also contend that there is no material placed by the prosecution to prove that Section 307 of IPC is attracted. On these grounds, he seeks for petitioner being enlarged on bail.

Per contra, Sri Prakash Yeli, learned Additional State Public Prosecutor would vehemently oppose for petitioner being enlarged on bail and contend that not only the complainant but also the victim as well as the eyewitnesses have clearly stated that petitioner along with accused Nos. 1 and 2 had assaulted the victim and as such, he prays for rejection of the petition.

Having heard the learned Advocate appearing for petitioner and learned Additional State Public Prosecutor appearing for State and after bestowing my careful and anxious consideration to the material on record and statements made by eyewitnesses as well as victim and the complainant, it does not indicate that accused No. 3 having used the weapon to assault the victim. It is a matter for trial and as such, any opinion expressed by this Court at this stage on this issue may prejudice the prosecution''s case or accused defence. Hence, without expressing any opinion in this regard and considering the fact that the petitioner is a permanent resident of Vijayapur and working as a Medical Representative and having permanent roots in the society, if he is enlarged on bail by putting him on strict terms it would allay the fears of the prosecution.

Hence, I proceed to pass the following:

ORDER

"a) Criminal Petition is hereby allowed.

b) Petitioner is ordered to be enlarged on bail in Crime No. 279/2015 on the file of JMFC Court Vijayapur, on petitioner executing a personal bond for a sum of Rs. 1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the jurisdictional Court and subject to following conditions:

i) Petitioner shall appear before the jurisdictional Police everyday between 5.00 p.m. and 7.00 p.m. till conclusion of trial and shall mark his attendance;

ii) Petitioner shall not terrorize prosecution witnesses in any manner whatsoever;

iii) Petitioner shall co-operate with the Investigating Officer;

iv) Petitioner shall not indulge in any acts similar to the one alleged;

v) Petitioner without seeking exemption shall appear before the jurisdictional Court on all dates of hearing except under exceptional circumstances;"

Ordered accordingly.