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Judgment
S Vishwajith Shetty, J
Accused Nos.5 and 6 in Crime No.220/2023 registered by the Kodigehalli Police Station, Bengaluru, for the offences punishable under Sections 505, 34, 323, 324 of IPC is before this Court under Section 439 of the Code of Criminal Procedure seeking regular bail.
Heard the learned counsel for the parties.
On the basis of complaint lodged by Smt.Ranjeetha wife of Chandrashekhar dated 13.08.2023. Kodigehalli Police, Bengaluru have registered F.I.R. in Crime No.220/2023 for the aforesaid offence against unknown four to five persons. Complainant's husband Chandrashekhar, who was injured in the incident that had taken place on 12.08.2023 subsequently died in the Hospital on 15.08.2023 while undergoing treatment. Thereafter Section 302 of IPC was invoked against the accused persons. Petitioners herein were arrested on 14.08.2023 and remanded to judicial custody. Petitioners' bail application filed before the Court of LX Additional City Civil and Sessions Judge, Bengaluru, in Crl.Misc. No.8362/2023 was dismissed on 07.09.2023. Under these circumstances, petitioners are before this Court.
Learned counsel for the petitioners has reiterated the grounds urged in the petition and submits that investigation in the case is complete and charge sheet has been filed, and the allegation against the petitioners is that they had assaulted Chandrashekhar with their hands and legs. The petitioners have no criminal antecedents and accordingly prays to allow the petition.
Per contra, the learned HCGP has opposed the bail application and prays to dismiss the petition.
The charge sheet material would go to show that on 12.08.2023 accused No.1 Ashutosh Singh was sitting in front of Ambedkar Bhavan near Canara Bank within the jurisdiction of Kodigehalli Police Station along with CW.3. The deceased Chandrashekar suspected accused No.1 Ashutosh had kidnapped the minor boy CW.3 and accordingly made an enquiry with accused No.1 and also assaulted him on his head. Accused No.1 who ran away from the spot thereafter, returned with accused Nos.2 to 6 and all the accused persons allegedly assaulted Chandrashekhar and CW.2 Goutam Kumar, who was along with Chandrashekhar. In the said incident, Chandrashekhar, who was injured was admitted to the Hospital and subsequently he died in the Hospital on 15.08.2023. As per the charge sheet, the allegation against accused No.1 is that he had assaulted Chandrashekhar on his head and as a result of the said assault, Chandrashekhar fell down on the Tar Road and sustained injuries. So far as the allegation against petitioners' is that they had assaulted Chandrashekhar with their hands and legs, when he fell down.
Undisputedly there are no criminal antecedents against the petitioners. Investigation in the case is complete and charge sheet has been filed. Therefore, I am of the view that, petitioners have made out a prima facie case for grant of regular bail. Accordingly, the following:
ORDER
The petition is allowed. The petitioners are directed to be enlarged on bail in Crime No.220/2023 of Kodigehalli Police Station registered for the offences punishable under Sections505, 34, 323, 324 and 302 of IPC, subject to the following conditions:
a) Petitioners shall execute personal bond for a sum of Rs.1,00,000/- (one lakh) each, with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) Petitioners shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) Petitioners shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) Petitioners shall not involve in similar offences in future;
e) Petitioners shall not leave the jurisdiction of Trial Court without permission of the said Court until the case registered against them is disposed off.