Y.M. Chethan vs State

Budihal R.B., J.—This petition is filed by the petitioner-accused No. 1 under Section 439 of Cr.P.C. seeking his release on bail of the offences punishable under Sections 143, 147, 148, 341, 307, 302 read with section 149 of IPC registered in respondent Police Station Crime No. 439/2012.

I have heard the learned Counsel appearing for the petitioner-accused No. 1 and the learned High Court Government Pleader appearing for the respondent-State.

The case of the prosecution in brief as per the averments in the complaint is that, on 30.10.2012, when the petitioner and his friends after having dinner near night canteen at Navodaya cross, Channarayapatna, were walking, at a short distance, the complainant and Chethu at about 9.00 p.m. had drinks and both went on TVS of the complainant. Nearby Navodaya cross, at about 9.10 p.m., when they were proceeding, one Manju and his friend Papu were coming on the back side. When the complainant and the deceased were proceeding in front of Mamatheya Madilu hospital, from the opposite direction, the accused persons i.e., Chethu, Manja, Jaga and others came on their bikes and stopped in front of the vehicle of the complainant Chethu and Manja assaulted the complainant and made the complainant and his friend to lie on the ground. By the time, the complainant stood up, Chethu and Manja assaulted the deceased on the chest. In the mean while, Parameshwar came running. The co-accused persons, caught hold the said Parameshwar also, assaulted on his stomach and other parts of the body.

The petitioner herein, on an earlier occasion, also filed a petition in Crl.P. No. 2288/2014 and the same was rejected of by this Court on 13.08.2014.

Now, it is the contention of the petitioner herein that there is a case and counter case against the two groups. The present petitioner had also filed a complaint on 1.11.2012 in crime No. 441/2012 mentioning in detail about the assault made on him by the accused persons. It is also stated in the complaint lodged by the petitioner herein that he had been assaulted and the injuries had been caused to him. It is also stated that he was inpatient in the hospital from 1.11.2012 till 17.11.2012 and discharged on 17.11.2012. Hence, he submitted that this fact was not brought to the notice of the Court when the earlier petition was filed.

Perused the documents produced in the case. The discharge summary dated 17.11.2012 is produced which goes to show that the present petitioner was admitted to the hospital on 1.11.2012 and the injuries mentioned in the discharge summary are "deep laceration chin with deep laceration neck exposing the bone with deep laceration scalp with perotal bone with deep laceration left knee with complete injury of the extensor tendon, following assault." Petitioner has also produced the bill issued from the Mangala Hospital amounting to Rs. 1,09,200/-. The materials produced would show that there was a case and counter case against the two groups.

Learned Counsel for the petitioner has relied upon the decision of the Hon''ble Supreme Court reported in case of Bashishth Singh and Another Vs. State of Bihar, and the judgment of the High Court of Chhattisgarh decided on 5.12.2002 in case of ASHISH PATELIYA v. STATE OF CHHATTISGARH [ LAWS(CHH)-2002-12-2] The learned Counsel has also produced the bail orders passed in respect of accused No. 3-Jaga @ Badakanahalli Jaga, accused No. 4-Keshava, accused No. 5-Sunil and accused Nos. 6 and 7 - K.T. Rakesh and Rajesh in respect of the same crime No. 439/2012.

Looking to the order passed by this Court in Crl.P. No. 7970/2014 dated 31.1.2015 in respect of accused No. 3-Jaga, it clearly goes to show that the allegation against accused No. 3 is that he has taken away long bladed sword carried by the deceased and stabbed on his abdomen with the same sword. Thereafter, the accused had stabbed him with other weapons. This court considering the fact that there was a case and counter case against two groups, allowed the petition filed by accused No. 3 and released him on bail. Therefore, looking to the materials on record, as the above materials were not produced before the court while dealing with the bail petition of the present petitioner and in view of filing of a case and counter case and on the ground of parity also, the present petitioner is entitled to be released on bail, subject to the reasonable conditions.

Accordingly, the petition is allowed. The petitioner is ordered to be released on bail of the offences punishable under Sections 143, 147, 148, 341, 307, 302 read with section 149 of IPC registered in respondent Police Station Crime No. 439/2012, subject to following conditions:--

"I. The petitioner shall execute bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) and shall offer a surety for the like sum to the satisfaction of jurisdictional Court.

II. The petitioner shall not intimidate or tamper with prosecution witnesses, directly or indirectly.

III. The petitioner shall appear before the investigating officer as and when required and to co-operate with the investigating officer during investigation.

III. The petitioner shall attend the concerned Court regularly."