Sri Rudresh and Others vs State of Karnataka

Anand Byrareddy, J.—Heard the learned counsel for the petitioners and the learned State Public Prosecutor.

These petitioners are arraigned as accused Nos. 1 to 5 before the Court below in a Criminal Case, alleging offences punishable under Sections 143, 147, 148, 324, 307, 327, 504, 506 read with 149 of the Indian Penal Code, 1860.

The case is, against 14 accused persons. It transpires that there was a village festival, at which there was a quarrel between two persons. The complainant is said to have fallen down and sustained injuries and therefore after two days of the festival, it transpires that the complainant was accosted by the accused persons and was threatened with murder and it is alleged that other members of the family of the complainant were also threatened. The accused are said to have caused injuries in the attack. On that basis, a case has been registered. The petitioners had approached the Court below seeking anticipatory bail. The Court below has rejected the same on the footing that the matter was under investigation and the injuries caused by the petitioners may be of a serious nature and since Section 307 of the Indian Penal Code has been invoked, it would not be prudent to grant anticipatory bail to the petitioners and has proceeded to reject the petition. It is in this background that the petitioners are before this Court.

The learned counsel for the petitioners seeks to produce the wound certificate of the complainant to indicate that the injuries are simple in nature and that there is no seriousness that can be attached to the allegations. Further the allegations being against 14 persons it would not be clear as to what were the overt acts attributed to each of the petitioners.

The learned counsel would further submit that there is no motive alleged against the petitioners nor is there any connection between the persons who are said to have quarreled on the date of the festival, or that as a result of the same, the complainant being targeted, cannot be attributed to the petitioners at all.

Given the above circumstances, primarily it would be difficult for 14 people to attack one man at the same time. It is physically possible may be four persons to attack a man at the same time and given the nature of injuries and the seriousness that is sought to be attributed to the offences alleged cannot be readily accepted.

Accordingly, the petition is allowed. In the event of arrest, the petitioners shall be enlarged on bail, subject to the following conditions:

(i) The petitioners shall execute a self bond for a sum of Rs. 40,000/- (Rupees forty thousand only), each, with one solvent surety each for a like sum to the satisfaction of the Court below.

(ii) The petitioners shall not tamper or threaten the prosecution witnesses in any manner.

(iii) The petitioners shall attend the Court on all dates of hearing.

(iv) The petitioners shall not leave the jurisdiction of the Court below without prior permission.