RAJU S/O SHIVAPPA ANGADI @ SHASIKUMAR vs THE STATE OF KARNATAKA

This petition is filed by the petitioner-accused No.7 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 143, 147, 148, 324, 326, 307, 504, 506 read with Section 149 of IPC registered in respondent-Police Station Crime No.60/2017.

The brief facts of the prosecution case are that when the complainant and other persons on the side of the complainant were celebrating the Holi festival, accused persons came there, there was a quarrel between the two groups in connection with collecting coconut in the said festival; then, elders came, advised them and sent them back. After that complainant and another person were proceeding nearby the temple, all the accused persons including the petitioner herein came there, picked up quarrel and assaulted the complainant and another and they made an attempt to commit his murder and caused the injuries to the complainant and another injured, they were taken to the hospital for treatment.

Heard the arguments of the learned counsel appearing for the petitioner-accused No.7 and also the learned HCGP appearing for the respondent-State.

Learned counsel for the petitioner has submitted that there is no motive or intention on the part of the petitioner to make an attempt to commit the murder of the complainant or any other person. He has also submitted that there is false implication of the petitioner in the case. Hence, submitted to release the petitioner on bail by imposing any reasonable conditions.

Per contra, learned HCGP has submitted that looking to the prosecution material there is prima- facie case against the petitioner and he is also involved in other cases. On these grounds, learned HCGP submitted that petitioner is not entitled for bail.

I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced along with the petition, so also, the order passed by the learned Sessions Judge rejecting the bail application of the petitioner.

Petitioner has contended that he is innocent and is handicapped person and he has not participated in the alleged offence. He has also undertaken that he is ready to abide by any conditions to be imposed by this Court.

Looking to the complaint averments, there is an allegation as against the petitioner that he assaulted Abishek with stone on the left foot and thereby caused the injury, this is the overt-act by the petitioner. During the course of hearing, learned HCGP has submitted that now the injured has been discharged from the hospital, hence, it shows that at this stage, the condition of the injured is safe. Though the alleged offence under Section 307 of IPC is non-bailable, but it is not exclusively punishable with death or imprisonment for life. Hence, I am of the opinion that petitioner can be released on bail by imposing reasonable conditions.

Accordingly, petition is allowed. The petitioner is ordered to be released on bail in Crime No.60/2017 registered by the respondent Police for the above said offences, subject to following conditions:

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

ii. Petitioner shall not tamper with any of the prosecution witnesses directly or indirectly.

iii. Petitioner shall appear before the concerned Court regularly.