Suresh vs State of karnataka

Budihal R.B., J.—These two petitions are in respect of the same crime numbers. Hence, they are taken up together to dispose of them by this common order.

Crl.P. No. 1556/2014 is filed by the petitioners-accused Nos. 2 and 3 u/s 439 of Cr.P.C. and Crl.P. No. 1557/2014 is filed by the petitioner-accused No. 1 u/s 438 of Cr.P.C. seeking bail in respect of the offences punishable under Sections 341 and 307 r/w. Section 34 of IPC registered by the respondent-police in Crime No. 2/2014.

Heard the arguments of the learned counsel appearing for the petitioners-accused in respect of both the petitions and also learned High Court Government Pleader for the respondent-State.

I have perused the averments made in the bail petition, FIR, complaint, order passed by the lower Court on the bail application and also other materials placed on record. Looking to the materials placed on record, the injuries sustained by the complainant is not on the vital part of the body and in the injury certificate it is mentioned that injuries are simple in nature and complainant has been already discharged from the hospital and there is no danger to his life. The petitioner in both the petitions have contended that they have not at all involved in the commission of the alleged offences and they have been falsely implicated in the case. The alleged offences are also not exclusively punishable with death or imprisonment for life. The petitioners in both the petitions have undertaken in their bail petition that they are ready to abide by any of the conditions to be imposed by this Court. Therefore, looking to; the materials on record, I am of the opinion that petitioners in respect of both the petitions are entitled to be granted with regular bail as well as anticipatory bail.

Accordingly, both the petitions are allowed. The petitioners in Crl. P. No. 1556/2014 are ordered to be released on bail of the offences punishable under Sections 341 and 307 r/w. Section 34 of IPC registered by the respondent police in Crime No. 2/2014, subject to following conditions:-

(i) The petitioners shall execute a personal bond for a sum of Rs. 50,000/- each (Rupees Fifty Thousand only) with one solvent surety for the likesum to the satisfaction of the concerned Court;

(ii) The petitioners shall not directly or indirectly tamper with any of the prosecution witnesses;

(iii) The petitioners shall appear before the concerned Court regularly.

In Crl. P. No. 1557/2014, the respondent police are directed to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 341 and 307 r/w. Section 34 of IPC registered by the respondent police station in Crime No. 2/2014, subject to following conditions:-

(i) The petitioner shall execute a personal bond for a sum of Rs. 50,000/-(Rupees Fifty Thousand only) with one solvent surety for the likesum to the satisfaction of the concerned Court;

(ii) The petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;

(iii) The petitioner shall make himself available to the Investigating Officer for interrogation whenever called for; and

(iv) The petitioner shall appear-before the concerned Court within thirty days from the date of this order and execute the personal bond and also the surety bond.