The High Court rejected the bail petition filed under Section 438 Cr.P.C. The court held that due to the serious nature of injuries inflicted with a deadly weapon and the victim's prolonged hospitalization, it was not a fit case for anticipatory bail.
Bail petition rejected; Trial Court directed not to be influenced by these observations.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.4115/2022
BETWEEN:
MR. PRAMODH S/O. KODANDA RAMU AGE: 35 YEARS R/AT NO.127, 5TH CROSS 2ND STAGE, 40 FEET ROAD MANJUNATHANAGAR BENGALURU-560 010. … PETITIONER
(BY SRI PRASANNA KUMAR P., ADVOCATE)
AND:
STATE OF KARNATAKA BY NELAMANGALA RURAL P.S., NELAMANGALA CIRCLE BENGALURU DISTRICT-562 123 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU -560 001. … RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.273/2021 OF NELAMANGALA RURAL P.S., BENGALURU FOR THE OFFENCES P/U/Ss.143, 147, 148, 324, 307 R/W. 149 OF IPC.
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THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed under Section 438 of Cr.P.C., praying
to enlarge the petitioner/accused on bail in the event of his arrest in respect of Crime No.273/2021 registered by Nelamangala Rural Police Station, Bengaluru District, for the offences punishable under Sections 143, 147, 148, 324, 307 read with 149 of IPC.
that on 12.12.2021, the complainant and his fellow beings, who were working in the hospital proceeding in Innova Crysta Car bearing registration No.KA-06-AE-1603 at about 9:15 p.m, in order to take the food, they went to Green Park Daba and sat in hut No.L-10 and ordered for sides in order to take the drinks which they carried. It is also an allegation that at around 10:00
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p.m, Naveen went to attend the nature call, within 2-3 minutes Naveen came and called some one but no one came. He himself went outside and they felt that they are his friends. Within a time they heard the galata sound and immediately he himself and one Kumaraswamy went and saw the said Naveen near L-6 hut and they were in a scuffle. They went and pacified the incident and there were 6 to 7 persons and one of them was wearing a Military shirt and he was having a Button Knife. With an intention to take away the life of the said Naveen, he inflicted injury on his abdomen, chest and all over the body and other 3- 4 persons pushed them and also pelted the stone, as a result, he also sustained the injury to his leg. But he did not sustain any injury and thereafter all of them went in the vehicle in which they came. Immediately, the injured was taken to the hospital and a case has been registered.
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other co-accused persons have been granted bail. This petitioner also may be enlarged on bail and no need of custodial investigation.
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specific overt act allegation is made against this petitioner that he inflicted injury with a button knife that too on the vital part as well as on the abdomen and the intestine also came out. The injured was in the hospital from 13.12.2021 to 28.02.2022. Thereafter, once again he was admitted to the hospital in the month of April 26th and he was an inpatient till 30.04.2022. Having taken note of the treatment given to the injured and he had sustained the piercing stab injury over the abdominal wall, chest and thigh and he was in the hospital at the first instance for a period of 2½ months and again he was an inpatient for a period of 6 days in the month of April, still he is taking the treatment, it is not a fit case to exercise the powers under Section 438 of Cr.P.C., in favour of the petitioner. The Court has to look into the contents of the allegation made in the complaint as well as the nature of injuries sustained on account of the stab wound injuries granting of bail in favour of other accused is not a ground to exercise the parity since no overt act allegations are made against other accused using the deadly weapons in inflicting the injury and against this petitioner with deadly weapon i.e., button knife inflicted the injury on the vital part.
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7. In view of the discussions made above, I pass the
following:
ORDER
Sd/JUDGE
cp*
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a case involving grievous injury with a deadly weapon.
Whether the severity of injuries and nature of weapon used justifies rejection of bail under Section 438 Cr.P.C.
2 provisions across 2 enactments
Mr. Pramodh S/o. Kodanda Ramu
State of Karnataka
H.P. SAnDESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
