AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
13 paragraphs · 408 wordsShivashankar Amarannavar, J
This petition is filed by accused Nos.1 to 5 under Section 482 of BNSS, 2023, seeking grant of anticipatory bail in respect of Crime No.83/2025 of Turuvekere Police Station registered for offences punishable under Sections 189(2), 191(2), 115(2), 118(1), 109, 74, 352, 351(2) and 119(1) read with Section 190 of Bharathiya Nyaya Sanhita (BNS), 2023.
Heard learned Senior Counsel for the petitioners and learned HCGP for respondent-State.
Learned Senior Counsel for the petitioners would contend that there is a civil dispute between the petitioners, the informant and the injured. In the incident, even the petitioner No.4 also sustained injury and the complaint filed by him is not registered. He submits that petitioner Nos.1 and 2 are aged 75 and 74 years, respectively. The injured Naveen Kumar and Kempamma have taken treatment as outpatients and they have only sustained simple injuries. Therefore, offence of attempt to murder is not attracted.
Learned HCGP would contend that the petitioners have assaulted on a pregnant lady and caused grievous injuries and therefore, they are not entitled for grant of anticipatory bail.
On perusal of the wound certificate of Naveen Kumar, it is noticed that he sustained three simple injuries. On perusal of the wound certificate of Kempamma, she has sustained three injuries, out of them, injury Nos.2 and 3 are stated to be grievous injuries. The said injured have taken treatment as outpatients. Considering the same, at this stage it cannot be said that the petitioners have assaulted them with intent to commit their murder.
The petitioners have undertaken to cooperate with the police in the investigation. The offence alleged against the petitioners is not punishable either with death or imprisonment for life. The petitioners have made out case for grant of anticipatory bail with conditions. In view of the above, the following:
ORDER
The petition is allowed. The petitioners are granted anticipatory bail in respect of Crime No.83/2025 of Turuvekere Police Station subject to following conditions:
The petitioners shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) each with one surety for the like sum to the satisfaction of the Investigating Officer;
The petitioners shall appear before the Investigating Officer within 15 days from this day and execute bail bond and furnish surety;
The petitioners shall co-operate with the police in the investigation;
The petitioners shall not threaten the complainant and other prosecution witnesses.