Karnataka High Court
Sri. Akhil S/O Maruti Bhajantri vs The State Of Karnataka on 8 June, 2017
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
Dated this the 8th day of June 2017
Before
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
Criminal Petition No.101059/2017
Between
1. Sri. Akhil, S/o Maruti Bhajantri,
Age: 18 Years, Occ: Private Service,
R/o: Betadur, Tal: Kundagol,
Dist: Dharwad.
2. Sri. Akshay, S/o Maruti Bhajantri,
Age: 24 Years, Occ: Private Service,
R/o: Betadur,Tal: Kundagol,
Dist: Dharwad. ...Petitioners
(By Sri. Vidyashankar G. Dalwai, Advocate)
And
The State of Karnataka,
Through P.S.I.,
Kundagol Police Station,
Now Rep. By SPP,
High Court of Karnataka,
Bench at Dharwad. ...Respondent
(By Sri. Praveen K. Uppar, HCGP)
This Criminal Petition is filed under Section 439 of
Cr.P.C., seeking to grant bail to the petitioners in Crime
No.39 of 2017 registered for the offences punishable under
Sections 143, 147, 148, 324, 307 and 504 read with
Section 149 of IPC by the Kundagol Police Station.
2
This Criminal Petition coming on for Orders this day,
the Court, made the following:
ORDER
This petition is filed by the petitioners/accused Nos.1 and 2 under Section 439 of the Code of Criminal Procedure seeking their release on bail of the offences punishable under Sections 143, 147, 148, 324, 504 read with Section 149 of the Indian Penal Code registered in respondent- Police Station Crime No.39/2017. However, during the course of investigation and as per the requisition by the police, the offence under Section 307 of IPC has also been inserted in the case.
2. Heard the arguments of the learned counsel appearing for the petitioners/accused and also the learned High Court Government Pleader appearing for the respondent-State.
3. Looking to the complaint averments, it is mentioned by the complainant that on 02.04.2017 there was Lord Veerabhadreshwara fair in their village and the villagers had organised some sports competitions. On that 3 day, at about 4.30 p.m., accused No.1 came there and quarreled with the complainant and other boys who were participating in the sports. The elders of the village had dropped the name of accused No.1 from the competition and they sent him back to his house. Being angry with the same, on the same day, at about 10.00 p.m., accused No.1, along with accused No.2 and other 5 to 6 unknown persons, came there; picked up a quarrel; assaulted the complainant; and abused him in filthy language. On the basis of the above said allegations, a case came to be registered for the aforesaid offence and subsequently, the offence under Section 307 was also included.
4. As submitted by both the sides, the complainant has already been discharged from the hospital. This goes to show that, at this stage, complainant's life is out of danger and he is safe. Petitioners have contended that they are innocent and are not involved in committing the alleged offences and that there is false implication of the petitioners in the case. The alleged offence under Section 307, though is a non-bailable offence, it is not exclusively 4 punishable with death or imprisonment for life. Hence, I am of the opinion that petitioners can be released on bail by imposing reasonable conditions.
5. Accordingly, petition is allowed. The petitioners are ordered to be released on bail of the offences punishable under Sections 143, 147, 148, 324, 307, 504 read with Section 149 of IPC registered in the respondent- police station Crime No.39/2017, subject to following conditions:
i) Each of the petitioners shall execute personal bond for a sum of Rs.50,000/-
with one surety for the like sum to the satisfaction of concerned Court.
ii) Petitioners shall not tamper with any of the prosecution witnesses directly or indirectly.
iii) Petitioners shall appear before the concerned Court regularly.
Sd/-
JUDGE Kms