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Judgment
This petition is filed by the petitioner/accused No.6 under Section 439 of Cr.P.C. seeking his release on bail for the offences punishable under Sections 143, 147, 148, 323, 324, 448, 504, 307 r/w Section 149 of IPC registered in respondent - police station Crime No.1/2017. Subsequently, after demise of Shivakumar, the offence under Section 302 of IPC in place of 307 of IPC was also inserted in the case.
Heard the arguments of the learned counsel appearing for the petitioner/accused No.6 and also the learned High Court Government Pleader appearing for the respondent-State.
Learned counsel for the petitioner during the course of his arguments submitted that as per the complaint allegations and also the statements of alleged eyewitnesses, allegation as against the petitioner is that he assaulted with club on the complainant Asha and not on deceased Shivakumar. He submitted that with the similar set of allegations, this Court has already considered the bail petition of accused No.1 and granted bail to him. Now investigation is completed and charge sheet is also filed. Hence, by imposing reasonable conditions petitioner-accused No.6 may be enlarged on bail.
Per-contra, learned High Court Government Pleader opposed the bail petition on the ground that as per the prosecution material there is prima facie case as against the petitioner also of his involvement in committing the alleged offences. Hence, he is not entitled to be granted with bail.
I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record, so also, the order of this Court dated 26.10.2017 passed in Crl.P.No.7232/2017 in respect of accused No.1 Umesha.
While considering the bail petition of accused No.1, this Court has discussed the entire merits of the case and ultimately, allowed the bail petition of accused No.1 and granted bail to him. Perusing the allegations made in the complaint and also the statement of the eyewitnesses recorded during investigation, there is no specific allegation as against the petitioner that he assaulted Shivakumar, the deceased, with club. The only allegation is that he assaulted the complainant Smt.Asha. Therefore, the allegations as against the petitioner and accused No.1 are one and the same.
Hence, petition is allowed.
Petitioner/accused No.6 is ordered to be released on bail for the offences punishable under Sections 143, 147, 148, 323, 324, 448, 504, 302 r/w Section 149 of IPC registered in respondent - police station Crime No.1/2017, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall appear before the concerned Court regularly.