Deva @ Devanaika and Others vs The State of Karnataka

Anand Byrareddy, J.—Heard the learned Counsel for the petitioners. The petitioners are arraigned as accused on the basis of the complaint by one Rajanna of Medina village to the effect that on 31.1.2013 at about 9 a.m., the petitioners herein armed with deadly weapons had trespassed into the complainant''s house and Deva-the first petitioner had abused the complainant in foul language and assaulted with a chopper on his head; Kempa-the second petitioner had assaulted him with an iron rod; Devaraju-third petitioner had assaulted him with a club; Madehsa-the fourth petitioner had assaulted Sidda with a rod on the head; Ravi assaulted the complainant with a rod and Hosalli assaulted Rangasidda with a club on his head and caused injuries all over his body. They were all admitted to Talakadu Hospital and a case having been registered at about 11 p.m., the police were seeking the whereabouts to arrest them. Therefore, the petitioners had approached the Court below seeking anticipatory bail. The Court below has taken note of the allegations which attribute overt acts to each of the petitioners and that they were armed with the deadly weapons and has rejected the respective petitions filed by several of these petitioners. Hence, the petitioners are before this Court.

The wound certificate issued in respect of the injured, is made available and it is found that the injuries suffered by the complainant and others are simple in nature. The Court below did not have a benefit of the certificate at that point of time and the Court has gone merely by the allegations in the complaint and therefore, has taken a serious view in rejecting the relief.

Given the circumstance that there was a complaint filed by the present petitioner no. 1 six months earlier against the complainant and of his group, it is apparent that there was a running feud between these two groups and it is to implicate the petitioners in a serious case that an exaggerated complaint has been filed. Therefore, the petitioners being arrested and remanded to judicial custody on the basis of the said complaint may lead to a miscarriage of justice, since the seriousness alleged is completely watered down, the petitioners have made out a case for relief of anticipatory bail. In the result, the petition is allowed. In the event of their arrest, the petitioners shall be enlarged on bail on each of them furnishing a personal bond for a sum of Rs. 10,000/- (Rupees Ten thousand) with a solvent surety for a like sum, to the satisfaction of the concerned police. The petitioners shall co-operate with the investigation officer till the completion of the investigation. The petitioners shall not in any manner seek to influence the prosecution witnesses.

Violation of any one of the conditions specified above will result in cancellation of bail order.