The High Court granted bail to petitioners accused in a assault case arising from a sudden quarrel, noting they were already interrogated, had no criminal antecedents, and the primary aggressor was a different accused.
Petitioners released on bail in Crime No.678/2023 of Hebbagodi Police Station.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 67 OF 2024
BETWEEN:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
…PETITIONERS (BY SRI. K.V.SATEESHCHANDRA, ADVOCATE)
AND:
STATE OF KARNATAKA BY HEBBAGODI POLICE STATION, BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT (BY SRI. RAJAT SUBRAMANYA, HCGP)
NC: 2024:KHC:4591 CRL.P No. 67 of 2024
THIS CRL.P IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.NO.678/2023 OF HEBBAGODI P.S., BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 323, 307 READ WITH 34 OF IPC ON THE FILE OF THE II ADDL.CIVIL JUDGE (JR.DN) AND J.M.F.C AT ANEKAL.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioners, learned High Court Government Pleader for the State and perused the material on record.
walking near Hebbagodi to go to work, four persons picked up quarrel with them and assaulted the complainant with hands as well as with a beer bottle on his head, with an intention to commit murder and caused bleeding injuries and went away threatening that they will be killed.
has contended that the victim has sustained grievous
NC: 2024:KHC:4591 CRL.P No. 67 of 2024
injuries and therefore, the petitioners are not entitled for bail. He contends that the investigation is pending and therefore, if the petitioners are granted bail, they may try to tamper with the prosecution witnesses. He has therefore sought to dismiss the petition.
complaint averments was caused by accused No.1 with a beer bottle.
ORDER
Petition is allowed .
Petitioners shall be released on bail in Crime No.678/2023 of Hebbagodi Police Station, Bengaluru, pending on the file of II Additional Civil Judge (Jr. Dn.) and JMFC, Anekal, subject to following conditions:
Thousand only) each with two sureties for the likesum to the satisfaction of the jurisdictional Court.
Sd/JUDGE
PMR
List No.: 1 Sl No.: 23
1 issue framed by the court
Whether the petitioners are entitled to bail in a case registered under Sections 307 and 323 IPC?
2 provisions across 2 enactments
SRI. MADHU @ MADHU CHETHAN
GOPIA @ VIJI @ VIJAY
STATE OF KARNATAKA
MOHAMMAD NAWAZ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
