Ravi Varun Kumar and Others vs Station House Officer

K.N. Keshavanarayana, J.—Petitioners have been arrayed as accused Nos. 1 and 4 in Crime No. 287/2012 of Whitefield Police Station registered for the offences punishable under Sections 353, 307, 504 read with Section 34. IPC. According to the case of the prosecution, one Babu working as Head Constable in Whitefield Police Station lodged a report at about 00.20 hours on 25.10.2012 and based on the said report, the aforesaid ease came to be registered and investigation was taken up. According to the allegations made in the complaint the complainant was deputed for bandobast duty in relation to Pallakki procession held in Pattandur Agrahara Village and while he was going behind the Pallakki procession, he received a phone call on his mobile informing him that persons in two groups are quarrelling in front of the procession. Immediately he came to the front side and there he saw two groups quarrelling with each other and at that place one person showed accused No. 1 to the complainant stating that he has hidden a long knife in his waist. Immediately, the complainant took out the said long knife and on seeing this, accused Nos. 1 to 4 abused the complainant in filthy language, surrounded the complainant and by stating that they have come there to commit murder of a resident of Pattandur village and the complainant is intervening in the same, accused No. 1 tried to stab the complainant on his abdomen. However to ward off the said blow the complainant held the knife by his right hand as a result he sustained injuries to his tight hand and immediately others caught hold other accused persons and in the meanwhile. Hoysala Jeep came there in which all of them were taken to the Police Station. When the petitioners were produced before the jurisdictional Magistrate, they were subjected to judicial custody. Their applications filed before the learned Sessions Judge for grant of bail came to be rejected. Therefore, they are before this Court.

The petition is opposed by the respondent-State.

I have heard both sides. Perused the records made available.

As noticed supra, even according to the complaint allegations, the injury sustained by the complainant was on his right palm when he tried to hold the knife while accused No. 1 tried to stab him on the abdomen. The contents of the wound certificate issued by Vydehi Institute of Medical Sciences and Research Centre. Mysore would indicate that the complainant had sustained wound over the medial aspect of the right hand and an incision wound over the medial aspect of right ring finger. According to the Doctor, aforesaid injuries are simple in nature.

It is contended on behalf of petitioner that accused Nos. 1 and 2 are the material eye-witnesses in a Session trial pending before jurisdictional Court and since the complainant herein is very much interested in the accused persons in that case, in order to coerce accused Nos. 1 and 2 not to give evidence before the Court in that case, the complainant has lodged a false complaint though there was no such incident of assault.

Having regard to the facts and circumstances of the case, nature of the injury suffered by the complainant and as also the site of injury, at this stage. I am of the considered opinion that there are no reasonable grounds to believe that the alleged act of assault was with an intention to commit murder of the complainant attracting the offence punishable u/s 307 of IPC. There are no prima facie materials to attract the ingredients of offence punishable u/s 353 of IPC. Therefore the petitioners are entitled to be enlarged on bail. The apprehension of the prosecution could be allayed by imposing strict conditions. Hence, the petition is allowed. The petitioners are ordered to be enlarged on bail in connection with case in Crime No. 287/12 of White field Police Station on each of them executing personal bond for a sum of Rs. 50.0007-(Rupees fifty thousand only) with two sure-tics for the like-sum to the satisfaction of the jurisdictional Magistrate/Sessions Judge and subject to further conditions that.

i) The petitioners shall not tamper or terrorise the prosecution witnesses in any manner;

ii) they shall appear before the Investigating Officer and when required and shall cooperate in the investigation of the case;

iii) they shall not indulge in any acts similar to the one alleged in the case and

iv) they shall appear before the trial Court on all hearing dates without fail.