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Judgment
This petition is filed by the petitioner/accused
No.6 under Section 439 of Cr.P.C. seeking his release on
bail for the offences punishable under Sections 143,
147, 148, 323, 324, 448, 504, 307 r/w Section 149 of
IPC registered in respondent - police station Crime
No.1/2017. Subsequently, after demise of Shivakumar,
the offence under Section 302 of IPC in place of 307 of
IPC was also inserted in the case.
Heard the arguments of the learned counsel
appearing for the petitioner/accused No.6 and also the
learned High Court Government Pleader appearing for
the respondent-State.
Learned counsel for the petitioner during the
course of his arguments submitted that as per the
complaint allegations and also the statements of alleged
eyewitnesses, allegation as against the petitioner is that
he assaulted with club on the complainant Asha and
not on deceased Shivakumar. He submitted that with
the similar set of allegations, this Court has already
considered the bail petition of accused No.1 and granted
bail to him. Now investigation is completed and charge
sheet is also filed. Hence, by imposing reasonable
conditions petitioner-accused No.6 may be enlarged on
bail.
Per-contra, learned High Court Government
Pleader opposed the bail petition on the ground that as
per the prosecution material there is prima facie case as
against the petitioner also of his involvement in
committing the alleged offences. Hence, he is not
entitled to be granted with bail.
I have perused the grounds urged in the bail
petition, FIR, complaint and other materials placed on
record, so also, the order of this Court dated 26.10.2017
passed in Crl.P.No.7232/2017 in respect of accused
No.1 Umesha.
While considering the bail petition of accused
No.1, this Court has discussed the entire merits of the
case and ultimately, allowed the bail petition of accused
No.1 and granted bail to him. Perusing the allegations
made in the complaint and also the statement of the
eyewitnesses recorded during investigation, there is no
specific allegation as against the petitioner that he
assaulted Shivakumar, the deceased, with club. The
only allegation is that he assaulted the complainant
Smt.Asha. Therefore, the allegations as against the
petitioner and accused No.1 are one and the same.
Hence, petition is allowed.
Petitioner/accused No.6 is ordered to be released on
bail for the offences punishable under Sections 143,
147, 148, 323, 324, 448, 504, 302 r/w Section 149 of
IPC registered in respondent - police station Crime
No.1/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.