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Judgment
S Vishwajith Shetty, J
Accused No.2 in Crime No.112/2023 registered by the Electronic City Police, Bengaluru for the offences punishable under Sections 307, 323, 324, 504, 506, 427 and 149 IPC, is before this Court seeking regular bail.
Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
On the basis of the complaint lodged by one Sri. Madhusudhan. M, S/o. Muniraju on 07.06.2023, Electronic police have registered FIR in Crime No.112/2023 for the aforesaid offences against one Sri Manjunatha and five to six unknown persons. During the course of investigation, the petitioner was arrested on 10.06.2023. His bail application filed before the Court of IX Addl. District and Sessions Judge, Bengaluru Rural District in Crl. Misc. No.1141/2023, was dismissed on 19.06.2023. It is under these circumstances, the petitioner is before this Court.
Learned counsel for the petitioner submits that there are no allegations of assault with any weapon against the petitioner. He submits that the complainant has suffered only simple injuries. Petitioner is in custody since 10.06.2023 and therefore, he prays to allow the petition.
Per contra, learned High Court Government Pleader has opposed the bail application stating that investigation in the case is in progress and therefore, the petitioner is not entitled for bail.
From the complaint averments, it is seen that the allegation of attempt to assault with long was only as against accused No.1 and there is no allegation of assault with any weapon on the petitioner. Petitioner allegedly has assaulted the complainant with his hands. The injuries suffered by the complainant are simple in nature. Petitioner who is aged about 24 years was arrested on 10.06.2023 and ever since then he is in custody. It is stated in the petition that the petitioner has no criminal antecedents. Under these circumstances, I am of the considered view that petitioner's case for grant of regular bail is required to be considered favourably. Accordingly, following:
ORDER
The petition is allowed.
The petitioner is directed to be enlarged on bail in Crime No.112/2023 of Electronic City Police Station registered for the offences punishable under Sections 307, 323, 324, 504, 506, 427 and 149 IPC, subject to the following conditions:
a) Petitioner shall execute personal bond for a sum of Rs.1,00,000 (One Lakh only) with two sureties 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;
d) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.