Suresh vs State by Alur Police Station

This petition is filed by petitioner/accused No.1 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent police to release the petitioner/accused No.1 on bail in the event of his arrest for the offences punishable under Sections 504, 307 and 326 read with Section 34 of IPC registered in respondent-police station, Crime No.80/2016 and now pending in C.C.No.776/2016 on the file of the Principal Civil Judge (Junior Division) and JMFC at Alur, Hassan District.

Heard the arguments of the learned counsel for the petitioner/accused No.1 and also learned High Court Government Pleader for the respondent-State.

Learned counsel submitted that accused Nos. 2 and 3 have been already enlarged on bail by the order of this Court and copy of which is also produced as per Annexure - G. He submitted that though the present petitioner has approached this Court earlier in Criminal Petition No.4823/2016, but the same came to be dismissed for non-prosecution. Therefore, it is not dismissed on merits. He further made the submission that there are case and counter case. The present petitioner also filed a complaint against the complainant by this case and his family members and in this connection, the case in Crime No.81/2016 also came to be registered.

Learned counsel submitted that now the injured has been already discharged from the Hospital and the investigation is also completed.

Therefore, by imposing reasonable conditions, petitioner may be enlarged on anticipatory bail.

Per contra, the learned High Court Government Pleader opposes the petition submitting that perusing the bail order passed by this Court in respect of accused Nos.2 and 3, at para No.5 of the said order, it is observed by this Court that, after perusal of the record, it is seen that main allegation is on petitioner/accused No.1 who allegedly stabbed the injured with knife and caused grievous injuries. As a result, he got admitted in the Hospital at Hassan for treatment. But now, learned counsel for petitioner has produced wound certificate issued by Mangala Hospital, Hassan, wherein, it is seen that he was in-patient till 28.02.2016. Therefore, it goes to show that he has been discharged from the Hospital as of now.

I have perused both the FIR's, time, place and date of the incident is one and the same. Therefore, there are case and counter case. When that is so, the Court has to ascertain who are aggression parties responsible for the incident which will be done in full pledge trial, after recording the evidence. The present petitioner/accused No.1, who is also complainant in thecounter case which came to be registered in Crime No.81/2016.

The alleged offences under 307 is not exclusively punishable with death or imprisonment for life. He contended that he is innocent and not involved in any offences and he has undertaken to abide by any conditions to be imposed by this Court. Hence, by imposing reasonable conditions, he can be admitted to regular bail.

Accordingly, petition is allowed. The respondent-Police is directed to enlarge the present petitioner - accused No.1 on bail in the event of his arrest for the alleged offences punishable under Sections 504, 307 and 326 read with Section 34 of IPC registered in respondent-police station, Crime No.80/2016, subject to the following conditions:

a) Petitioner/accused No.1 has to execute a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) and has to furnish one surety for the likesum to the satisfaction of the concerned Court.

b) Petitioner/accused No.1 shall not tamper with any of the prosecution witnesses, directly or indirectly.

c) Petitioner/accused No.1 has to make himself available before the Investigating Officer for interrogation, as and when called for and to co-operate with the further investigation.

d) The Petitioner/accused No.1 has to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.