Sri. Ananda vs State of Karnataka

This petition is filed by the petitioner/accused No.4 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to

release the petitioner on bail in the event of his arrest for the offences punishable under Sections 143, 147, 148, 307, 506 read with Section 149 of

IPC registered in respondent police station Crime No.464/2014.

Heard the arguments of the learned counsel appearing for the petitioner/accused No.4 and also the learned High Court Government Pleader

appearing for the respondent-State.

I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.

Learned counsel for the petitioner while arguing the case made the submission that petitioner has not at all sustained any injuries and in this

connection he drew the attention of this Court to last sentence of the complaint, which clearly goes to show that complainant has not sustained any

injury.

Learned HCGP for the respondent-State though opposed the petition on the ground that present petition has been filed under Section 438 of

Cr.P.C seeking anticipatory bail but petitioner has not placed any material to show that he has been injured and admitted to the hospital and till

now he is in the hospital and not yet discharged. Therefore, the material goes to show that on the very day of alleged incident the complainant

himself mentioned in the complaint that he went to the house and after taking rest he came to the police station to lodge complaint. Therefore, at

this stage her life is safe and out of danger. Though the alleged offences are not nonbailable in nature, it is also not exclusively punishable with death

or life imprisonment for life. Petitioner has denied all the allegations made against him contending that he has been falsely implicated in the present

case and he is ready to abide by any reasonable conditions that may be imposed by this Court.

Accordingly, petition is allowed. The respondent- Police is directed to enlarge the present petitioner on bail in the event of his arrest for the

alleged offence punishable under Sections 143, 147, 148, 307, 506 read with Section 149 of IPC registered in respondent-police station Crime

No.464/2017, subject to the following conditions:

i. Petitioner shall execute a personal bond for Rs.50,000/- and has to furnish one surety for the likesum to the satisfaction of the arresting authority.

ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioner shall make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further

investigation.

iv. The petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the

surety bond.