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Judgment
S Vishwajith Shetty, J
Accused No.2 in Crime No.167/2023 registered by Magadi Road Police Station, Bengaluru City for the offences punishable under Sections 506, 341, 504, 307, 323 read with Section 149 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) is before this Court seeking regular bail.
Heard the learned counsel for the parties.
It is the case of the prosecution that on 14.06.2023 at about 3.00 p.m., first informant went to meet his friend Abbubakar and at that time, two unknown persons came in red and black colour Dio motor cycle and dashed the vehicle to the first informant. When the first informant asked them to drive properly, they abused him and left the spot. Later about 10 to 12 people came in search of first informant and assaulted him with deadly weapons. When the first informant and his friend raised a cry, the public came to the spot and therefore, the accused persons fled from the spot. Thereafter, the complainant approached the police and lodged a complaint, which had resulted in registering FIR in Crime No.167/2023 against 12 to 14 unknown persons.
During the course of investigation in the case, the petitioner was arrested on 24.06.2023 and he has been arraigned as accused No.2 in the remand application. His bail application filed before the Court of LX Additional City Civil and Sessions Judge, Bengarluru (CCH-61) in Crl. Misc. No.6027/2023 was rejected on 14.07.2023. Under these circumstances, the petitioner is before this Court.
Learned counsel for the petitioner having reiterated the grounds urged in the petition submits that investigation in the case is completed and charge sheet has been filed. The injuries suffered by the complainant and his friend are simple in nature. Accordingly, prays to allow the petition.
Learned HCGP has opposed the bail application and prays to dismiss the petition.
The material on record would go to show that on the basis of the information given by Suhel Khan on 14.06.2023, FIR in Crime No.167/2023 was registered by Magadi Road Police Station, Bengaluru City for the aforesaid offences against unknown persons. The actual overt-act committed by accused persons is not mentioned in the FIR. During the course of investigation, petitioner is arrested on 24.06.2023. Investigation in the case is completed and charge sheet has been filed. The medical document of first informant and his friend would go to show that injuries suffered by them are simple in nature. Learned counsel for the petitioner has also produced the medical document of his wife which shows that she has given birth to a child. Under these circumstances, I am of the view that the petitioner's prayer for grant of regular bail is required to be answered affirmatively. Accordingly, the following:
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.167/2023 registered by Magadi Road Police Station, Bengaluru City for the offences punishable under Sections 506, 341, 504, 307, 323 read with Section 149 of IPC, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The petitioner shall not involve in similar offences in future.