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Judgment
S Vishwajith Shetty, J
Accused No.7 in S.C.No.95/2023 pending before the Court of Additional Civil Judge (Jr.Dn.) and J.M.F.C. Court, Kolar District, K.G.F. arising out of Crime No.7/2023 registered by Oorgaum Police Station, Kolar for offences punishable under Sections 143, 144, 147, 148, 149, 307, 504, 302 and 201 read with Section 149 of IPC is before this Court seeking regular bail.
Heard the learned counsel for the parties.
On a complaint of Santhosh, S/o. Late Ramesh dated 08.02.2023, FIR in Crime No.7/2023 was registered by Oorgaum Police Station, K.G.F., initially for offences punishable under Sections 143, 144, 147, 148, 504 and 307 read with Section 149 of IPC, as against eight persons. During the course of investigation, the petitioner was arrested on 10.02.2023. In the complaint, it is averred that the accused persons had ill-will against the complainant and on 08.02.2023, the accused persons named in the complaint had attacked the complainant and they had assaulted him with deadly weapons. At that time, complainant’s friend Vignesh tried to interfere and the accused persons allegedly assaulted even Vignesh with deadly weapon on his head and other parts of the body. When the people from the locality arrived at the spot, the accused persons left the spot. Thereafter, the complainant and his friend Vignesh alias Dinakar were taken to the hospital. Statement of the injured complainant was recorded in the hospital and FIR in Crime No.7/2023 was registered by the Oorgaum Police Station. Subsequently, complainant’s friend Vignesh alias Dinakar succumbed to the injuries while under treatment. Therefore, Section 302 of IPC was invoked against the accused persons. Investigation in the case is completed and the charge sheet has been filed. The petitioner is arraigned as accused No.7 in the charge-sheet. His bail application filed before the III Additional District and Sessions Judge at Kolar (sitting at K.G.F.) in Crl.Misc.No.407/2023 was rejected on 10.07.2023. Therefore, he is before this Court.
Learned counsel for the petitioner submits that petitioner has no criminal antecedents. The only allegation against him is that he had assaulted C.W.1-Complainant, who has suffered only simple injuries. The allegation of assault on the deceased Vignesh @ Dinakar is as against accused No.1. Accordingly, prays to allow the petition.
Per contra, learned HCGP has opposed the bail pplication.
The material on record would go to show that based on the complaint lodged by C.W.1-Santhosh, FIR in Crime No.7/2023 was registered by Oorgaum Police Station, K.G.F. Though the petitioner has been arraigned as accused No.7 in the FIR, no specific overt act is alleged against him in the FIR. During the course of investigation of the case, petitioner was arrested on 10.02.2023. Investigation in the case is completed and charge-sheet is filed. As per charge-sheet allegation, the petitioner allegedly had assaulted C.W.1-Santhosh with a Long. There is no allegation as against the petitioner about assaulting deceased-Dinakar. C.W.1-Santhosh has suffered simple injuries as could be seen from the wound certificate dated 16.02.2023. Petitioner, aged about 19 years who has no criminal antecedents is in custody from 10.02.2023 onwards. Investigation in the case is completed and charge-sheet has been filed. Accused No.9 has also been enlarged on bail in Crl.P.No.6855/2023. Under the circumstances, I am of the view that petitioner has made out a prima facie case for grant of bail. Accordingly, I proceed to pass the following:
ORDER
The petition is allowed. The petitioner is directed to be enlarged on bail in Crime No.7/2023 registered by Oorgaum Police Station, Kolar for offences punishable under Sections 143, 144, 147, 148, 149, 307, 504, 302 and 201 read with Section 149 of IPC, subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future;
e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.