Sanjay @ Sanju vs State By Kempegowda Nagara P.S

H.P. Sandesh, J

This petition is filed under Section 439 of Cr.P.C., seeking regular bail of the petitioner/accused in Crime No.112/2021 of Kempegowdanagar Police

Station, Bengaluru City, for the offences punishable under Sections 143, 144, 341, 307, 504, 506 read with Section 149 of IPC.

Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent/State.

The factual matrix of the case of the prosecution is that on 26.10.2021 at about 10:30 p.m, when the complainant went on his bike to bring food

from the Hotel and when he was standing in front of the Hotel, the residents of Venkataramanagara and others have suddenly came near his bike and

surrounded him, scolding him in a filthy language and threatened him by saying that why he came there. When the complainant questioned, this

petitioner along with other accused persons assaulted him.

The learned counsel appearing for the petitioner would submit that only an allegation against this petitioner is that he assaulted with his hands and

the injuries are also simple in nature and this petitioner is in custody and no need of custodial interrogation. Hence, he may be enlarged on bail.

Per contra, the learned High Court Government Pleader appearing for the respondent/State would submit that this petitioner assaulted with his

hands and other accused persons assaulted with stone and knife and made an attempt to take away the life.

Having considered the submissions of the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader

appearing for the State and on perusal of the material available on record and also looking into the contents of the complaint, particularly, the overt act

allegation made against this petitioner is that he assaulted with his hands and others inflicted injuries with stone and knife. The nature of injuries

sustained by the victim is also simple in nature and the injured are out of danger. Hence, it is a fit case to exercise the powers under Section 439 of

Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

ORDER

The Petition is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in Crime No.112/2021 of Kempegowdanagar Police

Station, Bengaluru City, for the offences punishable under Sections 143, 144, 341, 307, 504, 506 read with Section 149 of IPC, subject to the following

conditions:

(i) The petitioner shall execute personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the like-sum to the

satisfaction of the jurisdictional Court.

(ii) The petitioner shall not indulge in tampering the prosecution witnesses.

(iii) The petitioner shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.

(iv) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court, till the case registered against him is disposed

of.