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Judgment
S Vishwajith Shetty, J
Accused Nos.1 and 2 in Crime No.284/2023 registered by Chitradurga Rural Police Station, Chitradurga for offences punishable under Sections 506, 504, 323, 324 read with Section 34 of IPC are before this Court, under Section 438 of Cr.P.C., seeking anticipatory bail.
Heard the learned counsel for the parties.
On the complaint of Krushnamurthy S/o Hanumanthappa, FIR was initially registered in Crime No.284/2023 by Chitradurga Rural Police Station, Chitradurga against the petitioners herein for offences under Sections 506, 504, 323, 324 read with Section 34 of IPC. In the complaint, it was averred that the accused persons were quarreling with each other and at that time, the father of the complainant tried to interfere and accused persons started abusing and assaulting the father of the complainant. Therefore, the complainant immediately went to spot and tried to intervene. At that time, the accused allegedly assaulted the complainant on his hand with a blade and also assaulted him with a stone on his head and complainant suffered injuries. Subsequently, the further statement of the complainant was recorded on 22.07.2023 and based on the said statement, the offence under Section 307 of IPC was invoked as against the accused. Apprehending arrest in the said case, the accused/petitioners had filed Crl.Misc.No.984/2023, which was dismissed on 16.08.2023. It is under these circumstances, petitioners are before this Court.
Learned counsel appearing for the petitioners reiterated the grounds urged in the petition and submits that the injuries suffered by the complainant and his father are simple in nature. The complainant and his father had intervened when the petitioners were fighting with each other and the petitioners had no motive to assault them. Hence, prays to allow the petition.
Per contra, learned HCGP has opposed the application and prays to dismiss the petition.
From the complaint averments, it is seen that when the petitioners were fighting with each other, the complainant and his father had tried to interfere and at that time, the petitioners allegedly assaulted the complainant and his father. The wound certificate made available to the Court would goes to show that the injury suffered by the complainant and his father are simple in nature. The petitioners allegedly assaulted the complainant and his father when they tried to interfere in the inter se fight between the petitioners. Initially, FIR was registered only for offences under Sections 504, 34, 504, 323 and 324 of IPC. Based on the subsequent statement of the complainant, Section 307 of IPC is invoked. The complainant and his father have not suffered any injuries on the vital part of their body. Under the circumstances, I am of the view that the petitioner's have made out a prima facie case for grant of anticipatory bail. Accordingly, the following:
ORDER
The petition is allowed.
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners - accused Nos.1 and 2 in the event of their arrest in Crime No.284/2023 registered by Chitradurga Rural Police Station, Chitradurga for offences punishable under Sections 506, 504, 323, 324 read with Section 34 of IPC, subject to the following conditions:
The Petitioners 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/-(Rupees One Lakh only) each with two sureties each for the likesum to the satisfaction of the investigating officer.
The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
The petitioners shall not tamper with the prosecution witness and they shall co-operate with the Police for investigation and appear before them whenever called upon till filing of final report.
The petitioners shall not involve in similar offences in future.