Pradeep vs The State of Karnataka

Budihal. R.B, J.—This petition is filed by petitioner-accused u/s 438 of Cr. P.C. seeking anticipatory bail to direct the respondent-police to release the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 308, 324, 341, 504, 506 of IPC registered in respondent-police station Crime No. 1/2013.

Heard the arguments of the learned counsel appearing for the petitioner-accused and also the learned Government Pleader for the respondent-State.

The brief facts of the prosecution case as per the averments in the complaint are that on 31.12.2013 at 11.30 p.m. when the complainant was moving nearby land army office, at that time, petitioner came there and started to abuse the complainant in filthy language and he asked money from the complainant for the purpose of consuming alcohol. When the complainant told that he is not having money, then the petitioner who was holding bottle in his hand assaulted the complainant on his head, face and caused injuries. On the basis of the said complaint, case has been registered against the petitioner for the alleged offences.

Learned counsel for the petitioner has produced the injury certificate. The Doctor who has examined the complainant noticed three injuries, but it is mentioned that all the injuries are simple in nature. Looking to the injury certificate, the alleged history of assault is stated by unknown person at around 2.00 a.m. on 1.1.2013, but whereas, as per the complaint averments, the incident is said to have taken place on 31.1.2012 at 11.30 p.m. Therefore, prima facie the contents of the injury certificate falsifies the allegations made in the complaint. The petitioner has contended that he is innocent and is not involved in the commission of the alleged offence and he has been falsely implicated in the case and that he is ready to abide by any reasonable conditions to be imposed by the Court. All the offences alleged are not exclusively punishable with death or imprisonment for life. Therefore, by imposing reasonable conditions, petitioner can be granted with anticipatory bail.

Accordingly, petition is allowed. The respondent-police are directed to release the petitioner on bail in the event of his arrest for the alleged offences under Sections 308, 324, 341, 504, 506 of IPC registered in respondent-police station Crime No. 1/2013 subject to the following conditions:

(i) Petitioner shall execute a personal bond for Rs. 50,000/- and furnish one surety for the like sum to the satisfaction of the concerned Court.

(ii) He shall not tamper with any of the prosecution witnesses directly or indirectly.

(iii) He shall make himself available before the Investigating Officer for interrogation whenever called for.

(iv) He shall appear before the concerned Court within 30 days from the date of this order and to execute personal bond and also surety bond.