ORDER :

1. Learned HCGP takes notice for the respondent-State. Though this matter has come up for admission and hearing on I.A. No. 1/2021, with the consent of learned counsel for the parties, the matter is heard finally.

2. The petitioner has filed this petition under Section 482 of Cr.P.C. challenging the order passed by the LX Additional City Civil and Sessions Judge, (CCH-61), Bengaluru (hereinafter referred to as ‘the trial Court’ for short) in S.C. No. 39/2019 for having dismissed the application filed by the petitioner under Section 227 of IPC.

3. Heard the arguments of learned counsel for the petitioner and learned HCGP for the respondent-State and perused the material on record.

4. The case of the petitioner is that one Anil Kumar, respondent No. 2 herein residing at Mahalakshmi Layout has filed a complaint before the Bagalagunte Police Station on 15.01.2018 alleging that a missing complaint of a girl was registered in Crime No. 21/2018. Trying to catch the accused, he went to Shettihalli and with the help of the parents of the victim girl when he was searching the accused, the accusedpetitioner came in a motor bike near Anjanadri Layout between 9.30 am to 10 a.m. Immediately, he tried to stop the vehicle by showing signal, but the accused did not stop and obstructed the complainant from discharging his official duty and caused the injuries. When the complainant fell down on the ground, with an intention to commit his murder, the petitioner-accused rode the motor bike over the complainant and thereafter, the accused tried to escape. The petitioner is also said to have fallen down from the Bike. Then, the petitioner-accused was apprehended and was taken to the Hospital.

5. After registering the case by the Police, the complainant stated that the petitioner was attempting to commit his murder. Hence, the complainant has prayed for taking necessary action against the petitioner-accused. After registration of the case, the Police filed FIR for the offence punishable under Sections 307 and 353 of IPC. The investigation is completed and charge sheet has been filed. The case was committed to the trial Court. The petitioner had filed an application under Section 227 of Cr.P.C. praying to discharge him from the charges. The same was rejected by the trial Court by the impugned order dated 02.07.2021. Hence, the petitioner is before this Court.

6. Learned counsel for the petitioner has seriously contended that looking to the injuries sustained by the complainant which are simple in nature, there was no intention by the petitioner to commit the murder of the complainant. Of course the petitioner might have obstructed the complainant from discharging his duties, but he had no intention of committing his murder. The ingredients of the complaint will not attract Section 307 of IPC from framing the charges. The trial Court committed an error in dismissing the discharge application and hence, he prayed for allowing the petition to discharge the accused-petitioner for the offence punishable under Section 307 of IPC.

7. Per contra, learned HCGP has seriously objected and contended that for the purpose of attracting Section 307 of IPC, injury is immaterial and only the intention has to be considered. Therefore, he prayed for dismissal of the petition.

8. Upon hearing the arguments of learned counsel for the parties and on perusal of the materials on record, it is evident that admittedly, since the girl was missing, the complainant was in search of the accused. When the complainant was proceeding towards Anjanadri layout between 9.30 a.m. to 10.00 a.m. on 15.01.2018, the complainant found the accused coming in a motor bike. In order to apprehend or arrest the petitioner in the said case, at the time of stopping the vehicle, the accused is said to have tried to escape without stopping the vehicle and dashed against the complainant. Due to which, the complainant has sustained injuries and fell on the ground. The petitioner has tried to ride the mot