Karnataka High Court
Vijay Kumar vs The State Of Karnataka on 9 June, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE Mr. JUSTICE H.P. SANDESH
CRIMINAL PETITION No.2509 OF 2022
BETWEEN:
1. VIJAY KUMAR,
S/O C.K.RANGARAMU,
AGED ABOUT 20 YEARS,
R/AT 15TH WARD,
NEW JANATHA COLONY,
CHAMARAJANAGARA - 571 313.
2. SUNIL KUMAR,
S/O CHINNASWAMY,
AGED ABOUT 30 YEARS,
R/AT NO.15, BABU JAGAJIVANRAM BADAVANE,
CHAMARAJANAGARA - 571 313.
...PETITIONERS
(BY SRI SUDHANVA D.S., ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY CHAMARAJANAGARA TOWN
POLICE STATION,
REPRESENTED BY H.C.G.P.
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
...RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS
ON BAIL IN C.C.NO.933/2021 (CR.NO.84/2021) OF
CHAMARAJANAGAR TOWN P.S., CHAMARAJANAGARA
DISTRICT FOR THE OFFENCES P/U/S 341, 323, 324, 307,
326 R/W 34 OF IPC ON THE FILE OF THE PRL.DISTRICT
AND SESSIONS JUDGE AT CHAMARAJANAGAR.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioners in Crime No.84/2021 of Chamarajanagar Town Police Station, Chamarajanagara District, for the offences punishable under Sections 341, 323, 324, 307, 326 read with 34 of IPC.
2. Heard learned counsel for the petitioners and learned High Court Government Pleader appearing for the State.
3. The factual matrix of the case of the prosecution is that the complainant and the accused persons were talking with each other often and on 06.09.2021 at 9.00 p.m., petitioner No.1/accused No.2 came to his house and 3 called him out to consume alcohol and the complainant accompanied him to Vijaya Bar, where the accused persons started talking bad about the sister of the complainant and when he questioned the said talks, petitioner No.2 caught hold of him and other accused persons assaulted him on his head and face causing bleeding injuries. When the complainant tried to escape from the said assault, all of them chased him and again these petitioners caught hold of him near the Government Womens' College and accused No.3 stabbed the complainant with knife. Other accused persons also assaulted the complainant with hands and with an intention to take away the life, they inflicted injuries, as a result, he sustained injuries. The Police have investigated into the matter and filed the charge sheet.
4. Learned counsel for the petitioners submits that the only allegation against these two petitioners is, they assaulted the victim on his hands and face and no weapons are used for committing the offence. The 4 Investigation is complete and charge sheet has also been filed and therefore, no custodial trial is required. Hence, the petitioners may be enlarged on bail.
5. Learned High Court Government Pleader appearing for the State submits that when the complainant was assaulted with sickle and sustained injuries, he tried to escape from the spot, but all the accused persons chased him, again held him and assaulted him mercilessly. As a result, he has suffered totally 16 injuries. Then the injured was taken to the Government hospital and thereafter for better treatment went to Mysore CSI Mission Hospital. He was admitted to the hospital on 07.09.2021 and discharged on 09.09.2021. Finally, diagnosis was made stating that the complainant suffered multiple soft tissue injuries. Injury No.1 is grievous in nature and injury Nos.2 to 4 are simple in nature. Hence, there is a prima facie case against the petitioners herein. 5
6. Having heard the respective learned counsel and on perusal of the material on record, no doubt there are 16 injuries of multiple soft tissue. Injury No.1 is grievous in nature and the complainant was admitted to hospital on 07.09.2021 and discharged on 09.09.2021. He was inpatient for three days. The allegation against these petitioners is that petitioner No.1 held him and all the other accused persons chased and assaulted the complainant and also the allegation of assault against these petitioners is that they assaulted and kicked the complainant and not used any deadly weapons like sickle and knife and those allegations are against other accused persons i.e. accused Nos.1 and 3. These petitioners are accused Nos.2 and 4. When such being the case, the petitioners are entitled for bail.
7. In view of the discussions made above, I pass the following:
6
ORDER The petition is allowed. Consequently, the petitioner Nos.1 and 2/accused Nos.2 and 4 shall be released on bail in connection with Crime No 84/2021 of Chamarajanagar Town Police Station, Chamarajanagara District, registered for the offences punishable under Sections 341, 323, 324, 307, 326 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioners shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any genuine cause.7
(iv) The petitioners shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against them is disposed of.
Sd/-
JUDGE mv