Srinivasa vs State Of Karnataka

S Vishwajith Shetty, J

Petitioner/Accused No.2 in Crime No.17/2023 registered by Chandra Layout Police Station, Bengaluru City for the offences punishable under Sections 307, 10B, 504, 506 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) is before this Court seeking anticipatory bail.

Heard the learned counsel for the parties.

On the complaint of Viswa R., S/o. Late Ravikumar dated 22.01.2023, FIR in Crime No.17/2023 was registered by the Chandra Layout Police for the aforesaid offences against one Harish, petitioner and others. Complainant is a loan recovery agent. On 21.01.2023 complainant and his friend Abhishek went to R.R.Nagar for the purpose of consuming alchohol and they invited their friend to Aishwarya Bar at R.R. Nagar. Complainant's acquaintance Sumanth also joined them in the Bar. During the course of consumption of Alcohol, Sumanth had quarrelled with the complainant on a petty issue and thereafter had left the bar. Complainant subsequently called Suni, who is a friend of Sumanth. But the phone was picked up by one Harish, who used abusive words against the complainant and threatened of murdering him. On 22.01.2023, the petitioner called the complainant and enquired as to why he had misbehaved with Harish. Thereafter, Harish and the petitioner came near the house of complainant and assaulted him. As a result, complainant had suffered grievous injuries and he was admitted to the Hospital. His statement was recorded in a Private Hospital on 22.01.2023 and thereafter, FIR in Crime No.17/2023 was registered. Apprehending arrest in the said case petitioner had filed Criminal Misc No.2041/2023, which was dismissed on 13.03.2023. Therefore, he is before this Court.

Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that the injuries suffered by the complainant are simple in nature.

Per contra, learned HCGP has opposed the bail application.

As per the complaint averments on 21.01.2023, accused Nos.1 and 2 with four to five other accused had come near the house of the complainant and having abused him had also assaulted him causing injuries, which had resulted in complainant getting admitted in the Hospital.

As per the complaint averments accused No.1 had assaulted the complainant with a Machete on his head and petitioner/accused No.2 had assaulted the complainant with a hockey stick on his right hand. The wound certificate of the complainant dated 27.06.2023 which is made available to the Court by the learned HCGP goes to show that the complainant had suffered two injuries and both the injuries are certified as simple injuries. The corresponding injury as a result of the assault made by the petitioner with hockey stick on the right hand of the complainant is a lacerated cut wound measuring 3 x 2 x 2 cms., even the said injury is certified as simple injury. The petitioner has not assaulted the complainant on any vital part of his body. Therefore, it cannot be said that he had an intention to murder the complainant and an attempt was made to the said effect.

The allegation of assault on the head of the complainant with a machete is as against accused No.1. Under the aforesaid circumstances, I am of the view, the petitioners prayer for grant of anticipatory bail deserves to be allowed. Accordingly, the following:

ORDER

The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in Crime No.17/2023 registered by Chandralayout Police Station for the offences punishable under Sections 307, 120(B), 504, 506 r/w 149 of IPC, subject to the following conditions:

a. The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-(One lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.

b. Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

c. Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

d. The petitioner shall not involve in similar offences in future.