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Judgment
Rajendra Badamikar, J
The petitioner has filed this petition under Section 439 of Cr.P.C. seeking regular bail in Girinagar Police Station Crime No.36/2024 registered for the offences punishable under Sections 307, 504, 506 read with Section 34 of Indian Penal Code, on the file of XXXII Addl. CMM Court, Bengaluru.
The brief factual matrix leading to this case are that complainant and one Ankita were in love with each other for about two years and thereafter there was a brakeup for some reasons. Later on accused No.1 married the said Ankita and the petitioner / accused No.2 used to threaten Ankita of getting rid of her husband i.e. accused No.1. It is alleged that when complainant came to Attiguppe for his work purpose, at that time accused No.1 quarreled with him as to why he is visiting the said area. According to prosecution, on 28.01.2024 at 7.30 p.m., when the complainant was standing near a bakery belonging to one Nagesh, accused No.1 came there with others, abused the complainant and assaulted him by dragger and it is alleged that present petitioner pulled down the complainant. A complaint was lodged in this regard and the complainant is said to have sustained grievous injuries. The petitioner was arraigned as accused No.2 and he was arrested and was remanded to custody. He approached the learned Sessions Judge seeking regular bail and his bail petition came to be rejected. Hence, he is before this Court.
Heard the arguments advanced by the learned counsel for the petitioner and the learned High Court Government Pleader. Perused the records.
The wound certificate discloses that petitioner has suffered three incise injuries, one over top of the left frontal region which is simple in nature and an obliquely placed incised wound over left forehead placed 0.5 cm. above left eyebrow and horizontally incised would over right cheek placed 1 cm. below zygomatic arch. It is alleged that these two injuries are grievous in nature. The would certificate also discloses that injuries were fresh in nature when the complainant was examined and he was treated in Bhagavan Mahaveer Jain hospital.
However, on perusal of the records, it is evident that the entire allegation is directed as against accused No.1. The allegation as against the present petitioner is not found in the complaint and it is simply asserted that accused No.1 assaulted the complainant by dragger and he was assisted by his followers. The names of followers are not disclosed.
The prosecution has relied on the remand application pertaining to the present petitioner who is said to have been arrested on 29.01.2024. On perusal of the remand application, it does not give any clear picture of what role is attributed to the present petitioner. A simple allegation is that accused No.1 has reported the matter to the present petitioner and one Puneet and later on he travelled on the bike belonging to the present petitioner along with a dragger and attacked the complainant. There is no specific allegation as against the present petitioner and no specific overt act or role played by the present petitioner is referred. The entire investigative papers are silent in this regard.
Even if it is considered that the petitioner was present at the time of alleged assault by accused No.1, the I.O. ought to have conducted identification parade by this period but no attempt has been made to conduct identification parade. The petitioner is in custody and his presence is no more required by the I.O. Considering these facts and circumstances, I do not find any impediment for admitting the present petitioner to bail since no specific overt act is alleged against him. As such the petition needs to be allowed and accordingly, I pass the following:
ORDER
The petition is allowed.
The petitioner / Accused No.2 is directed to be enlarged on bail in Crime No.36/2024 of Girinagar Police Station registered for the offences punishable under Sections 307, 504, 506 read with Section 34 of Indian Penal Code, pending on the file of XXXII Addl. CMM Court, Bengaluru, on his executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakhs only) with one surety for the like-sum to the satisfaction of the trial Court, subject to the following conditions:
(i) He shall not indulge in any of the criminal activities;
(ii) He shall not tamper the prosecution witnesses either directly or indirectly;
(iii) He shall mark his attendance before the Investigating Officer/SHO between 9.00 a.m. and 5.00 p.m. on every second and fourth Saturday of the month till the final report is submitted;
(iv) He shall attend the Court on all the dates of hearing, unless he is exempted by a specific order;
(v) He shall co-operate for speedy disposal of the matter.