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Judgment
Anil B Katti, J
The petitioner/accused No.1 filed this petition under Section 439 of Cr.P.C. for grant of regular bail in Crime No.129/2023 of Raghavendra Nagar Police Station, Kalaburagi, for the offences punishable under Sections 341, 323, 324, 307, 353, 504, 506 of Indian Penal Code.
Accused No.1 has approached the Trial Court for regular bail in Criminal Miscellaneous No.2067/2023. The Trial Court after hearing both sides by order dated 18.12.2023, rejected the bail application.
Heard arguments of both sides.
On the basis of complaint filed by Mujaheed S/o Hussain Kotwal, criminal law was set into motion by registering the case in Crime No.129/2023 of Raghavendra Nagar Police Station, Kalaburagi for the offences punishable under Sections 341, 323, 324, 307, 353, 504, 506 of Indian Penal Code.
It is alleged in the complaint that the complainant and one Umesh PC-105 were deputed by the Investigating Officer to apprehend the accused and produce before him on the basis of finger print on the knife which matched with the finger print involved in other case of the same police station. When the complainant Mujaheed S/o Hussain Kotwal and Umesh PC-105 went to apprehend the accused, he alleged to have abused them in filthy language and assaulted the complainant by means of a button dragger knife. Due to which, he sustained injuries. When Umesh PC-105 with other three persons came to rescue the complaint from further assault of accused, the said Umesh PC-105 was toppled to the ground and accused kicked him and thereafter, fled away from the spot.
Accused was arrested on 17.08.2023 and since then, he is in judicial custody. The records produced along with the petition would go to show that the investigation is already completed and the charge-sheet is filed.
Learned High Court Government Pleader has objected for grant of bail on the basis that the accused has attacked the police officials when the complainant and Umesh PC-105 went to apprehend the accused, who is involved in this case. If accused is ordered to be released on bail, it will send wrong signal to the society.
On perusal of the charge-sheet material, it would go to show that weapon alleged to have been used by the accused for assaulting the complainant has already been seized. The incident in question as alleged in the complaint took place when the complainant and Umesh PC-105 of Raghavendra Nagar Police Station, Kalaburagi proceeded to arrest the accused involved in this case. The overt act of accused in inflicting the injuries to complainant by using the weapon i.e., button dragger knife seized in the case. The intention to commit the murder of the complainant is a matter of trial. The wound certificate produced in this case would go to show that there is superficial lacerated wound on the scalp measuring 0.5 cm. x 0.2 cm. The CT scan report reveals no boney fracture of skull and the said injury is opined to be simple in nature. Therefore, from the said material evidence collected by the Investigating Officer, it is evident that there is no danger to the life of the injured complainant in this case. The alleged overt act of the accused in inflicting injuries to the complainant followed with intention of accused in committing the murder of complainant as alleged in the complaint has to be thrashed out only during the trial. In view of the fact that the investigation has already been completed and accused is in judicial custody for more than four months and continuation of the accused in judicial custody in the given facts and circumstances of the case is totally unwarranted and hence, he is entitled to be released on bail. Consequently, proceed to pass the following:
ORDER
The bail application filed by the petitioner/accused No.1 is hereby allowed.
The petitioner/Accused No.1 is ordered to be released on bail in Crime No.129/2023 of Raghavendra Nagar Police Station, Kalaburagi for the offences punishable under Sections 341, 323, 324, 307, 353, 504, 506 of Indian Penal Code, subject to the following conditions:-
(i) The petitioner/accused No.1 shall execute personal bond and surety bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for likesum amount to the satisfaction of the Trial Court.
(ii) The petitioner/Accused No.1 shall not tamper the prosecution witnesses in any manner and make himself available before the Trial Court for trial of the case, unless he is otherwise exempted.
(iii) The petitioner/Accused No.1 shall furnish address proof documents of himself and that of his surety before the Trial Court subject to police verification.
(iv) The petitioner/Accused No.1 shall not leave the jurisdiction of the Trial Court without its prior consent.