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Judgment
Venkatesh Naik T, J
Heard Sri.Vishnumurthy, learned counsel for the petitioner and Smt.N.Anitha Girish, learned High Court Government Pleader for respondent/State.
The petitioner has filed this petition under Section 439 of Cr.P.C., praying to grant anticipatory bail in Crime No.719/2023 on the file of the 29th Addl. CMM Court, Mayohall, Bangalore city for the offences punishable under Sections 341, 504 and 307 read with Section 34 of IPC.
Brief facts of the prosecution case are as under:
On 29.10.2023 at 12.00 a.m., the injured Lurdh.A, the husband of informant was returning from Bagmane Tech Park after attending painting work. At that time, one Madhu-Accused No.1 and his friends Accused Nos. 2 and 3 and others after consuming alcohol, intentionally provoked and picked up quarrel with him. Accused Nos.1, 2 and 3 and others assaulted Lurdh.A with wooden club and assaulted on his face and other parts of the body. Thus, caused grievous injuries. Hence, it led to registration of F.I.R and investigation. During the course of investigation, Accused Nos.1 and 2 arrested and in turn, they were remanded to judicial custody. It is contended that Accused Nos.1 and 2 are innocent and they have not committed any offence. They are permanent residents in their locality. The alleged offences are not punishable with death or imprisonment for life. Hence, prays to allow the petition.
Learned High Court Government Pleader opposes the bail application.
Perused the material available on record.
As per the records, it discloses that on 29.10.2023, Accused Nos.1, 2 and 3 and others picked up quarrel with injured Lurdh.A and assaulted him with club on face and other parts of the body and caused injuries.
Learned High Court Government Pleader submits that there is CCTV footage wherein the incident has been recorded and same was provided in the form of C.D and photographs. But the prosecution has not placed any CCTV footage or compact disk and a certificate as required under Section 65(4)(B) of Evidence Act.
As per the discharge summary, victim Lurdh.A has already been discharged and as per the certificate issued by Bangalore Medical College and Research Centre dated 04.11.2023, the injured furnished history as "History of alleged R.T.A on 29.10.2023 at 11.00 p.m., at K.R.Puram." It shows that the incident occurred under the influence of alcohol and the victim is not sure whether it was road traffic accident or assault made by Accused Nos.1 and 2. At this juncture, the petitioners have made out prima facie case so as to grant bail in their favour.
Considering the seriousness of the allegations, prima facie material and the fact that the victim has already been discharged and the alleged offences are not punishable with death or imprisonment, petition is allowed, subject to following conditions:
i) The petitioners/Accused Nos.1 and 2 are ordered to be released on bail on executing personal bond for a sum of Rs.2,00,000/- each with a surety to the satisfaction of the Trial Court.
ii) Petitioners shall mark their attendance before respondent-Police on first Sunday of every month between 10.00 a.m., and 5.00 p.m., for a period of six months or till filing of charge sheet, whichever is earlier.
iii) Petitioners shall not tamper the prosecution witnesses.
iv) Petitioners shall appear before the Trial Court on all dates of hearing without fail.