Rangaswamy vs State Of Karnataka & Others

Ashok G.Nijagannavar, J

This petition is filed by the accused seeking anticipatory bail in the event of his arrest in connection with Crime No.24/2021 registered by Ajjampura

Police Station for the offence punishable under Sections 341, 307, 323, 324 of IPC pending on the file of Additional Civil Judge (Jr. Dn.) and JMFC,

Kadur.

The facts briefly stated are that on the complaint given by mother of the injured victim. The allegations are that on 15.02.2021 complainant's son

had gone to garden the land. While feeding water to the plants in the field, the petitioner has assaulted the complainant's son with an intention to

commit murder, thereby he has committed the alleged offences.

After registering the case the police officials are making attempts to arrest the petitioner. The bail petition filed before the Sessions Court has been

rejected.

Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent-State. Perused the prosecution records

available at this stage.

The learned counsel for the petitioner would contend that the ingredients of Section 307 are not attracted. The complainant's son namely the injured

victim has been discharged from the hospital. The injuries caused are not on the vital parts of the body. the petitioner had no intention whatsoever to

commit the murder of the victim. In the event of his arrest and detention, he will be put to great hardship and injustice.

Per contra, the learned High Court Government Pleader submitted that the victim has taken medical treatment for three days and has been

discharged. There are no grounds to hold that the petitioner has been falsely implicated in this case. In the event of granting bail the petitioner is likely

to commit the similar offences and is likely to abscond.

According to the complainant, the assault has taken place in the garden land. There are no allegations about the previous enmity between the

petitioner and the complainant. The petitioner has not assaulted the victim with the deadly weapons. Some of the injuries were caused on account of

fall on the ground. It is needless to make elaborate discussion about the medical records as he has been discharged from the hospital. The offences

alleged are not punishable with death. It is stated that the petitioner is residing at the address shown in the cause title. The said fact is not disputed or

denied by the prosecution. The grounds stated in the bail petition and submission of the counsel goes to prove the apprehension of the petitioner

regarding his arrest and detention. The objection of the prosecution can be set right by imposing stringent conditions.

In the facts and circumstances of the case, this Court is of the view that there are valid grounds for granting anticipatory bail to the petitioner

subject to certain terms and conditions. Hence the following:

ORDER

Criminal petition is allowed.

Consequently, the petitioner is ordered to be released on bail in the event of his arrest in connection with Crime No.24/2021 registered by Ajjampura

Police Station for the offence punishable under Sections 341, 307, 323, 324 of IPC pending on the file of Additional Civil Judge (Jr. Dn.) and JMFC,

Kadur, subject to following conditions:

i. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of certified copy of this order. On appearance of

petitioner, the Investigating Officer shall interrogate and release him on bail;

ii. The petitioner shall execute personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties for the like sum to the satisfaction of

the Investigating Officer;

iii. The petitioner shall co-operate in the investigation, and he shall appear before the Investigating Officer as and when required;

iv. The petitioner shall not threaten or allure the prosecution witnesses; and

v. The petitioner shall mark his attendance in respondent- Ajjampura Police Station, on 1st of every calendar month until submission of the final report.