Rasan Kumar @ Rasan vs The State of Karnataka

A.S. Pachhapure, J.—It is on 31.07.2010 at about 8.00 P.M. when the complainant Rohit and his friends Frasanna, Baskar and Madhu were sitting on Kinetic Honda talking to each other near Mahalingeshwara Provision Stores, the Petitioner and three others came and took Prasanna to some distance and amongst them one accused assaulted Prasanna with a knife on the abdomen and other persons assaulted him and left the injured at the place and went away. In the circumstances the injured was taken to the hospital and on the next day he succumbed to the injuries sustained. The complaint was filed against the unknown persons with an assertion that he can identify them in case if they are shown. On the next day while recording the statement of Madhu and Baskar the names of the accused were revealed. After the investigation charge sheet has been filed.

It is the submission of the Petitioner that he is innocent and not involved in any of the offence and that the other four accused who were in custody have been released on bail And it is also bias submission that he is aged about nineteen years and was a student at the time of the incident, And further it is the submission of the learned Counsel that the names of the assailants was unknown, and later they have been falsely implicated.

I have heard the learned Counsel and also the learned HCGP. Now as could be seen from the statement of the witness that the accused who assaulted the deceased with fee knife on the abdomen has been released on bail. The only allegation against the Petitioner is that be held accused to enable the others to cause assault.

Taking into consideration the facts and circumstances that the other accused have been released on bail and that initially the compliant lodged was against unknown persons though names were known to other or the witness who are said to present at the time of incident. The material placed on record will have to be assessed only during the trial. So in view of the fact, that other accused have been granted bail and that the Petitioner has not caused injury, it is a case where in the bail has to be considered.

5, In that view the petition is allowed, The Petitioner is ordered to be released on bail on his executing & personal bond for a sum of Rs. 50,000/-with two solvent sureties for the like sum to the satisfaction of the learned Sessions Judge with the farther following conditions.

(i) The Petitioner shall attend the court regularly.

(ii) The Petitioner shall not directly or indirectly, make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.