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Judgment
This is the petition filed by petitioners-accused under Section 439 of the Cr.P.C., seeking to release them on bail of the alleged offence punishable under Sections 143, 147, 148, 323, 324, 307 and 504 r/w Section 149 of I.P.C. registered in respondent-police station Crime No.13/2017.
Heard the arguments of learned counsel appearing for the petitioners and learned High Court Govt. Pleader for respondent-state.
Brief facts of the prosecution case that, complainant filed complaint making allegations that on 21.01.2017 at about 10.00 p.m. when the complainant was standing infront of his house along with his son Kalyan at that time all the accused persons came by group in Innova Car and taken his son in a car and after the complainant along with his brother Jagadish have followed the accused. Further allegation all the accused taken the complainant's son near water tank and all of them assaulted him by chopper and sticks thereafter the complainant and his brother pacified the quarrel and taken the victim to the hospital for treatment. Both the sides during the course of arguments made the submission that injured has been already discharged from the hospital. So this itself goes to show that the life of the injured is out of danger. Though the alleged offences under Section 307 is non-bailable offence, but it is not exclusively punishable with death or life imprisonment.
It is the contention of learned High Court Govt. Pleader that there are many criminal cases pending against the petitioner No.1 so also in respect of other petitioners. In this regard learned counsel appearing for the petitioners filed memo today giving the details of the
result of the cases and he made the submission that out of 19 cases in 17 cases he has already been acquitted, only one case is pending. Hence, it is their contention that only on that basis the request for release of the petitioner cannot be rejected. They have undertaken that petitioners will abide by any reasonable conditions to be imposed by the Court and they are assisting the investigation as and when required. Hence, petition is allowed.
Petitioners-accused are ordered to be released on bail. The respondent-police are hereby directed to enlarge the petitioners-accused on bail in the event of their arrest1 for the alleged offence punishable under Sections 143, 147, 148, 323, 324, 307, 363 and 504 r/w Section 149 of I.P.C. registered in respondent-police station Crime No.13/ 2017, subject to the following
conditions:
a. Petitioners shall execute a personal bond for a sum of Rs.50,000/- each with one solvent surety for the likesum to the satisfaction of *concerned Court*
Deleted vide court order Dated 11.04.2017. *Corrected vide court order dated 11.04.2017.
Sd/- JUDGE
b. Petitioners shall not tamper with the prosecution witnesses directly or indirectly. c. Petitioners shall appear before the concerned Investigating Officer as and when called for investigation. d. Petitioners to appear before the concerned Court regularly.