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Judgment
C M Joshi, J
Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent - State.
The petitioner who is the accused No.1 in Crime No.81/2023 of Sindhanur Town Police Station, registered for the offences punishable under Sections 143, 147, 148, 498-A, 307, 324, 326, 354, 504 and 506 read with Section 149 of IPC, has approached this Court for regular bail.
The Investigating Officer after the investigation had filed the charge-sheet against the petitioner for the above said offences. It was alleged in the charge-sheet that the petitioner and the CW.1 were married 15 years back and 04 children were born out of their wedlock. Except a son, all other children were staying with CW.1. It was alleged that the petitioner was suspecting the character of CW.1 and used to treat her with cruelty. Therefore, she had returned to her parental house. It is alleged that the petitioner went to parental house of CW.1 on 23.06.2023 at about 01.45 p.m. along with other accused and picked up quarrel with CW.1, her parents and other family members, which ensued in a scuffle. It was alleged that the petitioner had assaulted his wife – CW.1. When the mother of CW.1 came to rescue, she was also beaten up by pulling hairs. The petitioner picked up stick which had fallen there and had assaulted the mother of CW.1 on the head causing grievous injuries. In the said scuffle, the petitioner had also sustained the injuries on his leg.
The learned counsel appearing for the petitioner would submit that the allegations made in the charge-sheet would not show necessary ingredients of the offence punishable under Section 307 of IPC. It is submitted that the incident had occurred in a grave provocation. There was no such intention on the part of the petitioner to commit any murder. It is submitted that there was nothing on record to show that the accused had gone to the spot with preparation to commit the murder and therefore mens-rea on the petitioner is not available.
Per contra, the learned High Court Government Pleader appearing for the respondent – State would submit that the mother of the CW.1 had sustained injuries on the vital part i.e., on her head with stick. Therefore, the injuries itself would goes to show that the petitioner had intention to commit the murder.
On careful scrutiny of the charge-sheet it is evident that the petitioner and other accused had gone to the house of the parents of the CW.1 seeking custody of the children. In the said scuffle that ensued in the house of the parents of the CW.1, not only the CW.1 and her mother, but also the petitioner also had sustained injuries. Therefore, preparation to commit the offence and plan to commit the murder of the mother of CW.1, is not forthcoming. The invoking the offence punishable under Section 307 of IPC appears to be doubtful.
Under these circumstances, the other offences which are alleged are exclusively triable by the learned Magistrate. Therefore, the petitioner is entitled for regular bail. Accordingly, the following;
ORDER
i. The Criminal Petition is allowed.
ii. The petitioner – accused No.1 is ordered to be released on bail in Crime No.81/2023 of Sindhanur Town Police Station, for the offences punishable under Sections 143, 147, 148, 498-A, 307, 324, 326, 354, 504 and 506 read with Section 149 of IPC, subject to the following conditions:
(a) Petitioner / accused No.1 shall furnish a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the learned Magistrate / Trial Court.
(b) Petitioner / accused No.1 shall appear before the learned Trial Court on all hearing dates, subject just exceptions.
(c) Petitioner / accused No.1 shall not tamper the prosecution witnesses directly or indirectly, in whatsoever manner.