Allowed

Sri Mohan v. State of Karnataka

Karnataka HC26 May 2022CRL.P/3284/2022

Case brief

AI extract

What is this about?

The High Court allowed a criminal petition filed under Section 438 Cr.P.C. to enlarge the petitioners on anticipatory bail in case of arrest for offences under Sections 143, 147, 323, 304, 341, 504, 506 read with Section 149 of IPC, imposing specific conditions regarding bond, cooperation, and non-jurisdiction exit.

What did the court decide?

Petitioners accused Nos.1 and 2 released on bail in the event of arrest, subject to specific conditions including personal bond, appearance before I.O., and non-leave jurisdiction.

Sri Mohan Vs State of Karnataka — Anticipatory Bail | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH DAY OF MAY, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE H.P. SANDESH

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CRIMINAL PETITION NO.3284/2022

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BETWEEN:

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1 . SRI MOHAN S/O BASAPPA (IN TRIAL COURT ORDER SHOWN AS S/O BALAPPA) AGED ABOUT 30 YEARS

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2 . SRI RAVI S/O BASAVARAJAPPA (IN TRIAL COURT ORDER SHOWN AS S/O BALAPPA) AGED ABOUT 24 YEARS (IN TRIAL COURT ORDER SHOWN AS 28 YEARS) BOTH ARE R/AT KELAGOTE JAGALURU TALUK DAVANAGERE DISTRICT-577 528. … PETITIONERS

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(BY SRI TEJAS N., ADVOCATE )

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AND:

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STATE OF KARNATAKA BY JAGALURU POLICE STATION JAGALURU, DAVANAGERE - 577 528 REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 01. … RESPONDENT

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(BY SRI MAHESH SHETTY, HCGP)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.41/2022 OF JAGALUR POLICE STATION, DAVANAGERE FOR THE OFFENCES P/U/S. 143, 147, 323, 307, 341, 504, 506 R/W 149 OF IPC, WHICH IS PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN.) AND J.M.F.C. COURT, JAGALUR, DAVANAGERE DISTRICT.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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This petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioners/accused Nos.1 and 2 on bail, in the event of their arrest in respect of Crime No.41/2022 registered by Jagalur Police Station, Davanagere Rural Sub-Division, Davanagere, for the offences punishable under Sections 143, 147, 323, 304, 341, 504 and 506 read with Section 149 of IPC.

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Heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

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The factual matrix of the case of the prosecution is that these petitioners on 19.02.2022 at about 12.15 p.m., along with other accused persons, abused the complainant in filthy language and assaulted with their hands and immediately, these two petitioners and also accused No.3 kicked up a stone which was lying at the spot and assaulted on his chest, head, nose and mouth and also caused injuries to his left hand and assault was made with an intention to take away the life of the complainant

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Learned counsel for the petitioners would submit that a false allegation is made against the petitioners and the complaint does not disclose any ingredients of the offence under Section 307 of IPC. The counsel would also submit that though

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the complainant was taken to the hospital, only first aid was given in Jagaluru Government Hospital and the nature of injuries are also simple in nature.

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Per contra, learned High Court Government Pleader appearing for the respondent-State would submit that, with an intention to take away the life of the complainant, assault was

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made. As a result, he sustained injuries and there is a prima facie case against the petitioners.

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Having heard the respective counsel and also on perusal of the material on record, particularly the contents of the complaint, the learned High Court Government Pleader appearing for the respondent-State submits that the injuries are simple in nature. Hence, taking note of the gravity of the offence and the accusations made in the complaint, it is a fit case to exercise the powers under Section 438 of Cr.P.C. in favour of the petitioners, subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

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ORDER

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The petition is allowed. Consequently, the petitionersaccused Nos.1 and 2 shall be released on bail, in the event of their arrest in connection with Crime No.41/2022 registered by Jagalur Police Station, Davanagere Rural Sub-Division, Davanagere, for the offences punishable under Sections 143,

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147, 323, 304, 341, 504 and 506 read with Section 149 of IPC. ,

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subject to the following conditions:-

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(i) The petitioners shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties each for the likesum to the satisfaction of the concerned Investigating Officer.

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(ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.

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(iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer, as and when called for.

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(iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier.

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(v) The petitioners shall mark their attendance once in a month i.e., on 30^th of every month between 10.00 am and 5.00 pm., before the

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Investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.

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Sd/JUDGE

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Sri Mohan v. State of Karnataka

Case brief

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Sri Mohan v. State of Karnataka

Case brief

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