Umesh vs State

Budihal R.B., J.—This is the petition filed by the petitioner/accused No. 4 u/s 439 of Crl.P.C. seeking his release on bail for the offences punishable under Sections 120(b) and 397 of I.P.C. registered by the respondent-Police in crime No. 173/2013.

The brief facts of the case are that on 28-6-2013 at 9.30 p.m. the complainant and his cousin Ranju, after closing their mobile shop, went in the TVS Motorcycle to their residence situate at Hootagalli. Around 9.50 p.m. when they were proceeding on a mud road near Madegowda Layout, accused Nos. 1 to 4 came in their motorcycle, accused No. 4 (petitioner herein) chased C.Ws. 1 and 2 from the shop and informed accused Nos. 1 to 3 about the arrival of C.Ws. 1 and 2. Accused Nos. 1 to 3 were waiting near Madegowda Layout. As soon as C.Ws. 1 and 2 reached there, accused Nos. 1 to 3 surrounded them and accused No. 2 assaulted C.W. 1 by means of a club, as a result of which, C.W. 1 fell down and accused No. 1 assaulted C.W. 2 with club. When both of them fell down, the accused Nos. 1 to 3 snatched cash and cell phones along with the motorcycle. Accused No. 4 who played major role in hatching the conspiracy, pretended himself to be innocent and took C.Ws. 1 and 2 to the hospital for treatment. On the basis of the said complaint, case has been registered against the petitioner for the alleged offences.

Heard the learned counsel for the petitioner/accused No. 4 and also the learned High Court Government Pleader.

I have perused the averments made in the bail petition, F.I.R., complaint, order passed by the lower Court in bail application and also the charge sheet material placed on record. Perusing the charge sheet material, the petitioner has been placed as accused No. 4 in the case.

It is the contention of the learned counsel for the petitioner/accused No. 4 that perusing the entire charge sheet material, there is no material to show prima-facie that the present petitioner also committed the alleged offences along with other accused persons. He submitted that the materials collected during the investigation goes to show that this petitioner himself has taken the injured, that is, C.W. 1 to the hospital for treatment but it is the contention of learned High Court Government Pleader that to escape from the clutches of law, the present petitioner pretended himself and he came to join C.Ws. 1 and 2 to show that he is not participated in alleged offences but even according to the learned High Court Government Pleader admittedly material goes to show that he has taken the injured to the hospital and admitted.

Regarding the involvement of the present petitioner in the alleged offences, it is a matter to be ascertained by looking into the other materials that are going to be produced during the course of the trial but prima-facie if the materials are appreciated, it goes to show that in order to help the injured, he took the injured to the hospital. The investigation is already completed and charge sheet has been filed and the offences alleged under Sections 120(b) and 397 of I.P.C. are also not exclusively punishable with death or imprisonment for life. Therefore, looking the materials on record, I am of the opinion that the petitioner is entitled to be released on bail.

Accordingly, the petition is allowed. The petitioner is ordered to be released on bail for the offences punishable under Sections 120(b) and 397 of I.P.C. registered by respondent-Police in crime No. 173/2013, subject to the following conditions:-

(i) 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) Petitioner shall not directly or indirectly tamper with any of the prosecution witnesses; and

(iii) Petitioner shall appear before the concerned Court regularly.