Pradeep vs State Of Karnataka & Others

S Vishwajith Shetty, J

Accused No.7 in Crime No.163/2022 registered by Davanagere Extension Police Station for the offences punishable under Sections 143, 144, 147, 148, 504, 323, 363, 325, 326, 307, 342 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) is before this Court seeking anticipatory bail.

Heard the learned counsel for the parties.

It is the case of the prosecution that on 21.08.2022 at about 3.00 p.m., during the Kabbaddi Tournament held at Davanagere, there was a scuffle between two groups and in the said incident, the complainant was assaulted by the accused persons and when his uncle - Pradeep kumar and another Ravi, tried to interfere, the accused persons even assaulted the complainant's uncle. It is in this background, the complainant - Varan Kumar had approached the police on 22.08.2022 and lodged the complaint, which had resulted in registering FIR in Crime No.163/2022 against three named accused persons and five others.

Petitioner's name is not found in the FIR. Apprehending arrest in the said case, the petitioner had filed Crl.Misc. No.621/2023 before the Court of I Additional District and Sessions Judge at Davanagere, which came to be rejected on 26.06.2023. Under these circumstances, the petitioner is before this Court.

Learned counsel for the petitioner reiterating the grounds urged in the bail petition submits that similarly situated accused Nos.10 and 11 have been granted anticipatory bail by the co-ordinate bench of this Court in Crl.P. Nos.12081/2022 and Crl.P. No.3899/2023. Accordingly, prays to allow the petition.

Per contra, the learned HCGP has opposed the bail petition.

From the complaint averments it is seen that there are no allegations of assault as against the petitioner herein. It is also seen that neither the complainant nor his uncle had suffered any grievous injuries in the incident in question. Accused Nos.10 and 11, who are similarly placed have been granted anticipatory bail by the co-ordinate bench of this Court in Crl.P. No.12081/2022, which is disposed of on 12.01.2023 and Crl.P. No. 3899/2023, which is disposed of on 25.05.2023. Under these circumstances, petitioner is also entitled for relief of anticipatory bail on the ground of parity. Hence, I am of the view that the petitioner has made out prima facie case for grant of anticipatory bail. Accordingly, the following:

ORDER

The Criminal Petition is allowed.

The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.163/2022 registered by Davanagere Extension Police Station for the offences punishable under Sections 143, 144, 147, 148, 504, 323, 363, 325, 326, 307, 342 read with Section 149 of IPC, subject to the following conditions:

The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-

(One lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.

Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon till filing of final report.

The petitioner shall not involve in similar offences in future.