Sri. Chand Pasha @ Chand vs State of Karnataka

Budihal R.B., J.—This petition is filed by the petitioner-accused No. 1 u/s 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 353, 332 and 307 read with Section 34 of IPC registered in respondent Police Station Crime No. 127/2006.

Brief facts of the case are that on 27/28.12.2006, the petitioner along with other accused persons attacked the police personnel and did not surrender. The police party shooted towards legs of the petitioner and accused No. 2. In this connection, the investigating officer lodged a complaint before the Kolar Town Police Station and the same was registered as a case in Cr. No. 127/2006 for the aforesaid offences. The petitioner was arrested by the respondent police.

I have heard the learned Counsel appearing for the petitioner-accused No. 1 and the learned High Court Government Pleader appearing for the respondent-State.

Learned Counsel for the petitioner, during the course of the arguments, submitted that the petitioner is innocent and he has been falsely implicated in the case. He has not at all committed the alleged offence. The learned Counsel submitted that since from the date of arrest, the petitioner is in custody and he is ready to abide by any conditions to be imposed by this Court. He further submitted that the injuries sustained by the injured are simple in nature and the injured has taken treatment as an out-patient. In this connection, the learned Counsel has produced injury certificate of the injured and submitted that by imposing reasonable conditions, the petitioner may be admitted to bail.

As against this, learned High Court Government Pleader appearing for the respondent-State, during the course of the arguments, submitted that the petitioner along with another person obstructed the police officials in discharge of the official duties and there by committed the alleged offence. He submitted that if released on bail, the petitioner may tamper prosecution witnesses and may abscond. Hence, he sought for rejection of the petition.

I have perused the averments made in the bail petition and the other materials placed on record. Perusal of the injury certificate produced by the learned Counsel for the petitioner would show that the Doctor, who examined the injured, has stated that the injuries are simple in nature. It is not the case of the prosecution that the injured is still in hospital getting treatment. The offence is alleged u/s 307 IPC which is not punishable for death or imprisonment for life. As the petitioner has undertaken in the petition that he is ready to abide by any conditions that may be imposed by this Court, interest of the prosecution can be safeguarded by imposing stringent conditions. Therefore, looking to the materials on record and as the petitioner is in custody since the date of his arrest, it is a fit case to exercise discretion in favour of the petitioner.

In the result, the petition is allowed. The petitioner is ordered to be released on bail of the offence punishable under Sections 353, 332 and 307 read with Section 34 of IPC registered in respondent police station Crime No. 127/2006, subject to following conditions:-

I. The petitioner shall execute bond for a sum of Rs. 50,000/- (Rupees fifty thousand only) and shall offer a solvent surety for the like sum to the satisfaction of jurisdictional Court.

II. The petitioner shall not intimidate or tamper with prosecution witnesses, directly or indirectly.

III. The petitioner shall attend the concerned Court regularly.