SRI DEVARAJA & ORS vs STATE

Since these two petitions are in respect of same crime number and common questions of law and facts are involved in these two petitions, they

are taken up together to dispose of them by this common order and in order to avoid repetition of discussion of facts and law.

Crl.P.636/2018 is filed by petitioners/accused Nos.1, 2, 4 to 8 under Section 438 of Cr.P.C. seeking anticipatory bail and Crl.P.634/2018 is

filed by petitioner/accused Nos.3 and 9 under Section 439 of Cr.P.C. seeking their release on bail of the offences punishable under Sections 143,

144, 147, 148, 323, 324, 307, 504 and 506 read with 149 of IPC, registered in respondent - police station Crime No.204/2017.

Heard the arguments of the learned counsel appearing for the petitioners/accused in respect of both the petitions and also the learned High

Court Government Pleader appearing for the respondent-State.

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

During the course of hearing the petition, learned counsel for the petitioners has made the submission that the injured has already been

discharged from the hospital and even he has shown the injury certificate, wherein it is mentioned that the injured has sustained totally six injuries,

out of which, five injuries are simple and one is grievous in nature.

It is submitted by both sides that the injured has already been discharged from the hospital. Therefore, for the present, the condition of the

injured is safe and out of danger. The petitioners have denied the allegations made in the complaint about their involvement in committing the

alleged offence and they have undertaken to abide by any conditions to be imposed by this Court. Though the alleged offence under Section 307

of IPC is a major offence, which is non-bailable in nature, but it is not exclusively punishable with death or imprisonment for life. Hence, I am of the

opinion that by imposing reasonable conditions, petitioners can be admitted to anticipatory as well as regular bail respectively.

Accordingly, Crl.P.636/2018 is allowed. The respondent-Police is directed to enlarge the petitioners in Crl.P.636/2018 on bail in the event of

their arrest in connection with Crime No.204/2017 registered for the above said offences, subject to the following conditions:

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

authority.

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

iii. Petitioners have to make themselves available before the Investigating Officer for interrogation, as and when called for and to cooperate with the

further investigation.

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

surety bond.

Accordingly, Crl.P.634/2018 is allowed. Petitioners/accused in Crl.P.634/2018 are ordered to be released on bail for the offence punishable

under Sections 143, 144, 147, 148, 323, 324, 307, 504 and 506 read with 149 of IPC, registered in respondent - police station Crime

No.204/2017, subject to the following conditions:

i. Petitioners shall execute a personal bond for Rs.50,000/- each and shall furnish one surety for the likesum to the satisfaction of the concerned

Court.

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

iii. Petitioners have to appear before the concerned Court regularly.