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Judgment
S Vishwajith Shetty, J
Accused No1 in Crime No.54/2023 registered by M.K.Doddi Police Station, Ramanagara for offences punishable under Sections 341, 504, 307, 324, 506 read with Section 34 of IPC is before this Court under Section 438 of Cr.P.C., seeking anticipatory bail.
Heard the learned counsel for the parties.
On the basis of complaint lodged by Abhishek B S S/o Somashekar dated 30.06.2023, M K Doddi Police had registered FIR in Crime No.54/2023 against one Shrinivas & others for the aforesaid offences. In the FIR, the petitioner has been arrayed as accused No.1. In the complaint it is averred that, there was a civil dispute between the parties with respect to the property bearing Sy.No. No.65/1 measuring 20 guntas. On 29.06.2023 at about 7.45 am., when the complainant and his brother Niranjan were in the property, accused persons came there and started assaulting them. As a result, the complainant and his brother suffered injuries and they were admitted to hospital by passerby. It is in this background, complainant had lodged a complaint which had resulted in registering FIR in Crime No.54/2023. Apprehending arrest in the said case, the petitioner had filed application in Crl.Misc.No.641/2023 before the III Additional District & Sessions Judge, Ramanagara, which was dismissed on 11.08.2023. It is under these circumstances, the petitioners are before this Court.
Learned counsel appearing for the petitioner reiterated the grounds urged in the petition and submits that there is a case and counter case in respect of the incident that had taken place on 29.06.2023. Accused Nos.2 and 3 as against whom similar allegations are made has been already enlarged on anticipatory bail by this Court in Crl.P.No.6719/2023. Accordingly, prays to allow the petition.
Learned HCGP has also opposed the bail application. However, she does not dispute the submissions made by the learned counsel for the petitioner.
From the material available on record it is seen that in respect of the incident that had taken place on 29.06.2023, there is a case and counter case. On the basis of complaint made by Abhishek, FIR in Crime No.54/2023 was registered. On the basis of complaint made by Girish, who is accused No.4 in the present case, FIR in Crime No.55/2023 is registered. In both the cases, offence punishable under Section 307 of IPC has been invoked. Wound certificate of Abhishek, who is complainant in the present case would reflect that the injuries suffered by him are simple in nature. Similarly, wound certificate of Girish would also reflect that the injuries suffered by him are simple in nature. Undisputedly, there is a civil dispute between the parties. Accused Nos.2 and 3 as against whom similar allegations are made have been already granted anticipatory bail by this Court. Under the circumstances, I am of the opinion that the petitioner's prayer for anticipatory bail is required to be answered affirmatively. Accordingly, the following.
ORDER
The petition is allowed.
The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner - accused No.1 in the event of his arrest in Crime No.54/2023 registered by M.K.Doddi Police Station, Ramanagara for offences punishable under Sections 341, 504, 307, 324 and 506 read with Section 34 of IPC, subject to the following conditions:
The Petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the investigating officer.
The petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
The petitioner shall not tamper with the prosecution witness and he shall co-operate with the Police for investigation and appear before them whenever called upon till filing of final report.
The petitioner shall not involve in similar offences in future.