Sri Manja @ Kodapeetha Manja vs The State of Karnataka

H. Billappa

The petitioner has filed this petition u/s 438 of Cr.P.C., praying for grant of anticipatory bail.

It is stated in the petition that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the case. The petitioner is ready to abide by all the conditions that may be imposed. Therefore, the petitioner has prayed for grant of anticipatory bail.

It is alleged that on 15/9/2011, at about 7:30 P.M., when the complainant was moving near, Om Shakthi temple at Bhovicolony, the petitioner and three others came there and the petitioner abused the complainant saying that he does not return the amount borrowed. The other accused held the complainant and assaulted him. The complainant fell down. Thereafter, the petitioner assaulted the complainant with the chopper, A case in Crime No. 124/2011 of Shivaji circle police station, Bhadravathi, has been registered for the offences punishable under Sections 341, 504, 323, 307 r/w 34 of IPC.

The learned counsel for the petitioner contended that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the case. He also submitted that complaint has been lodged against the complainant in Crime No. 122/2011 and as a counter blast the complainant has filed this case and therefore, the petitioner can be granted anticipatory bail. He has also submitted that the discharge summary shows that the complainant has not sustained any injury and therefore, the petitioner can be granted anticipatory bail.

As against this, the learned Govt. Pleader submitted that the matter is under investigation and the petitioner is required for investigation as serious allegations have been made and therefore, the petitioner cannot be granted anticipatory bail.

I have carefully considered the submissions made by the learned counsel for parties.

The point that arises for my consideration is, whether the petitioner can be granted anticipatory bail?

It is relevant to note, the allegations that on 15/9/2011, when the complainant was moving near Om Shakthi temple at Bhovicolony, the petitioner and three others came there and the petitioner abused the complainant saying that he does not return the amount borrowed. The other accused held the complainant and assaulted him. Thereafter, the petitioner assaulted the complainant with the chopper, counter case has been filed in Crime No. 124/2011. Discharge summary shows that the complainant has been discharged on 19/9/2011. Therefore, the petitioner can be granted anticipatory bail subject to certain conditions.

Accordingly, the petition is allowed and the petitioner is granted anticipatory bail subject to the following conditions:-

(i) In the event of his arrest in Cr.No.124/2011 of Shivaji Circle Police Station, Bhadravathi, the petitioner shall be released on bail on his executing a bond for a sum of Rs. 25,000/- with one surety for the likesum to the satisfaction of the Investigating Officer.

(ii) The petitioner shall not tamper with the witnesses.

(iii) The petitioner shall appear before the 10 within five days from today and shall co-operate with the 10 for investigation, as and when required.

(iv) The petitioner shall appear before the jurisdictions Police Station i.e., Shivaji Circle Police Station, Bhadravathi once in two weeks, on a Sunday, between 4 p.m. and 6 p.m., till final report is submitted.

(v) If the petitioner violates any condition, the respondent-State can move for cancellation of the bail.