Prabha vs State of Karnataka

A.S. Pachhapure, J.—The relationship between the complainant-Prabhu and Vishwa, the residents of Heggadigarr Beeai. Tiptur Town were strained and there were altercations amongst them in the past. On 07.01.2011, when the complainant was proceeding along with 3 persons at about 9.30 p.m., it is stated that near the auto stand accused No. 1-Vishwanath and others including the Petitioner were present, holding a knife and bottles in their hand. Thereafter, on seeing the complainant and others, accused No. 1 and his associates threatened danger to their lives. Accused No. 1-Vishwanath caused injury with the knife on the Petitioner. Accused No. 2 Prabha is said to have caused assault on one Thippesh, who sustained a lacerated wound on the elbow and tenderness over the vertex. Meanwhi1e, people intervened and pacified the quarrel. It is stated, that thereafter, the injured approached the Police and lodged a complaint for the offence punishable Under Sections 143, 147, 148, 504 and 307 read with 149 of IPC.

Now, as could be seen from the injury certificate, it is stated that the incident occurred at about 9.30 p.m. on 07.01.2011 and the injured has stated that the Petitioner and 8 others have caused the assault. In fact, the name of the Petitioner is not disclosed in the wound certificate produced. So, taking into consideration the nature of the injury suffered and the role that has been attributed against the Petitioner, I am of the opinion that it is a fit case wherein the anticipatory bail could be granted with certain conditions.

In the result, the petition is allowed. The Petitioner is ordered to be released on bail in the event of his arrest on executing a personal bond for a sum of Rs. 25,000-00 with one solvent surety for the like sum to the satisfaction of the arresting authority with the further following conditions:

1) The Petitioner shall appear before the Police concerned, within 15 days from today.

2) He shall be made available for interrogation by a police officer as and when he is required.

3) He shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

4) He shall attend the Court as and when directed.

5) He shall appear before the concerned Police Station every Sunday in between 9.00 and 10.00 a.m. till the charge sheet is filed.