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Judgment
8 paragraphs · 544 wordsShivashankar Amarannavar, J
This petition is filed by accused No.1 under Section 483 of Bharatiya Nagrika Suraksha Sanhita, 2023 praying to grant bail in Crime No.230/2025 of Yelahanka Police Station, registered for offences punishable under Sections 109(1), 118(1), 115(2), 352 and 3(5) of Bharatiya Nyaya Sanhita, 2023.
Heard learned counsel for petitioner and learned High Court Government Pleader for respondent - State.
Learned counsel for petitioner would contend that, accused Nos.3 to 9 have been granted bail by this Court and accused No.2 has been granted bail by the Sessions Court. The wound certificate indicates that, the injured has sustained four (4) simple injuries. The alleged incident has taken place in a sudden quarrel with regard to washing of vehicles in a water tank. As the charge sheet is filed, the petitioner is not required for further custodial interrogation. With these, he prayed to allow the petition.
Per contra, learned High Court Government Pleader for respondent would contend that, this petitioner assaulted the injured C.W.1 on his head with iron jack rod and caused injury. The head is a vital part on which the petitioner has assaulted with a deadly iron jack rod. The petitioner is having criminal antecedents involved in two (2) cases and a rowdy sheet has been opened against him on 13.01.2025. If the petitioner is granted bail, there is a threat to the injured and other prosecution witnesses. With these, he prayed for dismissal of the petition.
Having heard the learned counsels appearing for parties, the Court has perused the charge sheet and other materials placed on record.
As per column-17 of the charge sheet, C.W.1 - injured and C.W.2 were washing their vehicle in a water tank. At that time, accused Nos.1 to 7 and 9 came there to wash their car and bike and asked C.W.1 to finish his washing of T.T. early. At that time, C.W.1 told that he has started washing and it will take some time. At that time, enraged by that, accused Nos.1 and 2 abused him in filthy language stating that they are rowdy sheeters of Yelahanka Police Station and they have been recently released on bail. So saying accused Nos.1 and 2 took iron jack rod and assaulted C.W.1 on his head and accused No.2 with club assaulted C.W.1 on his hands and legs and accused Nos.4 and 5 assaulted with sticks and accused Nos.3, 6, 7 and 9 assaulted C.W.1 with hands and caused injuries. Even though the injured as per wound certificate is stated to have sustained four (04) simple injuries. Only one (01) injury is on the head which is a vital part. The allegation against this petitioner is assaulting C.W.1 with iron jack rod on his head which is a vital part. The petitioner is a rowdy sheeter and is having criminal antecedents. The petitioner for a silly reason has assaulted with a deadly weapon on the head of C.W.1 and caused bleeding injury. If the petitioner is granted bail, there are chances of he threatening the injured and other prosecution witnesses and committing similar offence.
Considering all the above aspects, the petitioner has not made out any grounds for grant of bail. In the result, the Criminal Petition is dismissed.
