Back
2017 Supreme(Kar) 171
IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH
B.A. PATIL, J.
Mohd. Sohail S/o Mohd. Masood Shaikh and Ors. – Petitioners
Vs.
The State of Karnataka Through Station Bazar Police Station Kalaburagi, Represented by SPP Kalaburagi Bench – Respondent
CRIMINAL PETITION No. 200130 of 2017
Decided On : 06-02-2017
For the Petitioner: Sri Santosh Patil
For the Respondents: Sri Sheshadri Jaishankar M.
The court considered the nature of injuries, severity of the alleged offences, and the willingness of the accused to abide by stringent bail conditions in deciding to grant bail.
Headnote:
Bail - Criminal Law - The court allowed the petition for bail filed by the accused under Section 439 of Cr.P.C. in a case involving offences under Sections 341, 323, 324, 504, 506, 307 r/w Section 34 of IPC. The court considered the nature of injuries, the lack of severity of the alleged offences, and the willingness of the accused to abide by stringent conditions for bail.
Fact of the Case:
The accused were involved in an incident at a wine shop where they abused and assaulted the manager and another individual with a knife, causing injuries. The accused filed a petition seeking bail, claiming innocence and citing the simple nature of the injuries sustained by the victims.
Finding of the Court:
The court found that the injuries sustained were simple in nature, the accused were willing to abide by stringent bail conditions, and the alleged offences were not punishable with death or imprisonment for life. Therefore, the court allowed the petition for bail.
Issues: The main issues were the nature of injuries, severity of the alleged offences, and the potential risk of the accused involving in further crimes if released on bail.
Ratio Decidendi: The court's decision was influenced by the simple nature of the injuries, the lack of severity of the alleged offences, and the willingness of the accused to abide by stringent bail conditions.
Final Decision: The petition for bail filed by the accused was allowed, and they were ordered to be released on bail subject to stringent conditions.
This petition is filed by the petitioners/accused Nos.1 and 2 under Section 439 of Cr.P.C., seeking regular bail in Crime No. 282/2016 of Station Bazar Police Station, Kalaburagi, registered for the offences punishable under Sections 341, 323, 324, 504, 506, 307 r/w Section 34 of IPC.
2. Brief facts leading to filing of the complaint are that, complainant was working as a waiter in Shakthi Wine Shop. On 27.12.2016 at about 8.15 p.m. when he was working with Mananger Venkatesh in the said wine shop, two unknown persons came in intoxicated condition, abused the Manager in filthy language and demanded to give them liquor. When the Manager told them to pay the money and get the liquor, one of the accused abused him in filthy language and told that they are Gundas of that area and they will consume the liquor freely. When the complainant intervened, one of the accused took the knife and stabbed on his upper part of the abdomen with force. When he collapsed, he again stabbed on his right arm and caused injuries. At that time, when one Chandrakanth came and tried to pacify the quarrel, the other miscreant caught hold Chandrakanth, abused him in filthy language and the miscreant also stabbed with knife on his right arm and caused the bleeding injuries. When the other persons tried to catch them, they fled away. Therefore, the complaint came to be lodged and on the basis of the said complaint, a case has been registered against the accused persons and now the petitioners are in custody.
3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for respondent-State.
4. The main grounds urged by the learned counsel for the petitioners are that petitioners are innocent and they have not committed any offence alleged against them. Earlier, the complaint was registered against the unknown persons. Subsequently, the petitioners have been included as accused. It is also contended that the injuries said to have been sustained by the two persons are simple in nature, they are out of danger and on the same day they have been discharged from the hospital. It is further contended that the offences levelled against the petitioners are not punishable with death or imprisonment for life and if the petitioners are released on bail, they are ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petition.
5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the petitioners are the Gunda elements, they have involved in many more cases and at this juncture, if the petitioners are released on bail, they may again involve in such types of crimes. He has further contended that charge-sheet is not yet filed, hence, the petitioners are required for further interrogation or investigation. On these grounds, he prays for dismissal of the petition.
6. I have gone through the copy of the FIR, complaint and other material produced along with the petition.
7. The material indicates that when the accused persons went to the wine shop of one Venkatesh, they abused him in filthy language. Thereafter, they have assaulted him with knife and caused injuries. During the course of argument, learned counsel for the petitioners made available the wound certificates of both the injured issued by the Basaveshwar Teaching and General Hospital, Kalaburagi, wherein it indicates that the injuries said to have been sustained by the injured are simple in nature and already the injured persons have been discharged from the hospital. The alleged offences are not punishable with death or imprisonment for life, the petitioners are said to be the permanent residents of Kalaburagi and they are ready to abide by the conditions to be imposed by this Court and ready to offer sureties. Under such circumstances, I feel that if the petitioners are released on bail by imposing some stringent conditio
