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Judgment
S Vishwajith Shetty, J
Accused No.2 in Crime No.117/2023 registered by Indiaranagar Police Station, Bengaluru City for the offences punishable under Sections 506, 326, 307 read with 34 of IPC, is before this Court under Section 439 of Cr.P.C.
Heard the learned counsel for the parties.
On the basis of complaint lodged by Punith Dayalan dated 28.06.2023, FIR in Crime No.117/2023 was registered by Indiranagar Police, Bengaluru City, for the aforesaid offences against Alu and others. In the complaint it is averred that, the complainant and one Manu were classmates and for last six months they were not in touch. In the month of April, some persons belonging to Manu's group quarreled with the complainant. On 12.06.2023, accused No.1 allegedly had called the complainant and threatened him with dire consequences. Similarly on 14.06.2023 also he had received phone call criminally intimidating him. On 27.06.2023 when the complainant had gone to eat ice-cream at about 03:30 p.m. accused persons chased him in their motorbikes and after intercepting the complainant's bike accused persons allegedly abused and assaulted the complainant. Accused No.1 allegedly assaulted the complainant with a long, as a result the right thumb finger of the complainant was cut. Accused No.2 allegedly assaulted the complainant with a club on his head and leg and thereafter all the accused persons allegedly left the spot. Complainant had thereafter gone to the hospital and his statement was recorded in the hospital on 28.06.2023 at about 12:00 p.m. In the complaint, he has stated that except the named accused other accused were strangers to him. During the course of investigation, the petitioner was arrested on 04.07.2023. The bail application under Section 439 of Cr.P.C, filed by the petitioner before the court of IV Addl. City Civil & Sessions Judge, Bengaluru in Crl.Misc.No.25559/2023 was dismissed on 18.07.2023. It is under these circumstances, the petitioner is before this court.
Learned counsel appearing for the petitioner submits that the petitioner is a youngster without any criminal antecedents and he is in custody since 04.07.2023. The complainant was admitted to the hospital on 27.06.2023 and discharged on 29.06.2023. In the hospital records history of assault was mentioned as assault by two unknown persons. The complaint was lodged on the next date of incident. Accordingly, he pray to allow the petition.
Per Contra, learned High Court Government Pleader for respondent - State who has opposed the bail application submits that the petitioner has assaulted the complainant with a club on his head and leg. Accordingly, she prays to dismiss the petition.
As per the complaint averments, the complainant was assaulted by the accused persons on 27.06.2023 at about 3.30 p.m, Immediately, he was taken to hospital and admitted for treatment in the hospital. In the history of assault, it is mentioned that two unknown persons had assaulted the complainant. The complainant's statement was recorded in the hospital on 28.06.2023 at about 12.00 p.m, Before the statement of the complainant was recorded by the police, the complainant had given the history of assault in the hospital mentioning that he was assaulted by two unknown persons. The hospital record shows that the complainant was admitted to hospital on 27.06.2023 and discharged on 29.06.2023. The petitioner is aged about 23 years and he is in custody since 04.07.2023. It is not in dispute that the petitioner has no criminal antecedents. Major portion of the investigation is complete and the weapon allegedly used for commission of offence has been recovered. Under these circumstances, I am of the view that the prayer made by the petitioner for grant of regular bail is required to be answered affirmatively.
In view of the above, the petition is allowed. The petitioner/accused No.2 is directed to be enlarged on bail in Crime No.117/2023 registered by Indiaranagar Police Station, Bengaluru City for the offence punishable under Sections 506, 326, 307 R/w 34 of IPC, subject to the following conditions:
a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One lakhs only) with one surety for the likesum, to the satisfaction of the jurisdictional Court;
b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses.