IN THE HIGH COURT OF KARNATAKA
V. Srishananda, J.
Mohan S A. - Appellant
Versus
State of Karnataka - Respondent
Criminal Petition No. 1835 of 2022
Decided On : 13-04-2022
Bail - Criminal Law - The court granted bail to the petitioner in a case involving a serious injury, considering the completion of investigation and the petitioner's upcoming examination.
Fact of the Case:
The petitioner sought regular bail in a case involving an incident where the complainant's colleague was seriously injured and the petitioner was arrested and sent to judicial custody.
Finding of the Court:
The court found that the petitioner had been in judicial custody after the completion of the investigation and filing of the charge sheet. It also noted that the petitioner had an upcoming II PUC examination.
Issues: The issue was whether the petitioner should be granted bail despite the serious nature of the offence and the opposition from the prosecution.
Ratio Decidendi: The court decided to grant bail to the petitioner, considering the completion of the investigation, the filing of the charge sheet, and the upcoming examination of the petitioner.
Final Decision: The court allowed the petition and granted bail to the petitioner with certain conditions.
JUDGMENT
V. Srishananda, J. - Memo along with a copy of the ensuing II PUC Examination time table, so also charge sheet are filed.
2. Heard Sri Mahesh Kiran Shetty, learned counsel for the petitioner and Sri S. Vishwamurthy, learned High Court Government Pleader for the respondent-State.
3. The present petition is filed under Seciton 439 of Cr.P.C. seeking regular bail to the petitioner in Crime No.26/2022 of Bagalur Police Station for the offence punishable under Section 307 read with Section 149 of IPC.
4. Brief facts of the case are as under:
a complaint came to be filed by Sri Venugopal S/o. Venkatesh contending that the complainant is working as Human Resource Telecaller in amazon Company. In the same company, one Surendra was working as an associate. at about 6.30 p.m., when the complainant and Surendra had visited the Company for night shift work, Human Resource apps admini Swarna Kumar called Surendra and told him that a girl by name Preethi has complained against him and therefore, he need not work in the Company and asked him to go home. at about 7.45 p.m., Surendra went out side the Company. at about 8.10 p.m., on the same day, Security Guard of the Company came and intimated to the complainant that Surendra is lying on the pool of blood. Immediately, the complainant, Kanakaraj, Sanjay and others rushed to the spot and found that Surendra had sustained injury on the left abdomen with piercing injuries. Immediately, the injured was shifted to Vinayaka Hospital in an ambulance. On enquiry with Surendra, as to why he sustained such an injury, he told that 5-6 persons came in front of the Company and with an intention to kill him, stabbed on the abdomen reason. Even before he could reveal the names of the assailants, he lost his consciousness. There first aid was given to him and thereafter, he was shifted to the Pro-Life Hospital for higher medical care. Based on the said complaint, the Police have registered a case as aforesaid and ultimately, filed charge sheet.
5. The petitioner has been arrested in the said case and he had sent to judicial custody on and from 03.02.2022.
6. The attempt made by the petitioner seeking grant of bail was turned down by order dated 19.02.2022. Thereafter, the petitioner is before this Court.
7. Sri Mahesh Kiran Shetty, learned counsel for the petitioner vehemently contended that the petitioner is innocent of the offence alleged against him and he has been falsely implicated in the case. He further contended that the Police after thorough investigation, filed charge sheet. Therefore, all apprehensions of the prosecution stands quelled and continuation of the accused in judicial custody is no longer warranted. He further contended that the petitioner is having II PUC examination on and from 18.04.2022. Therefore, the petitioner be enlarged on bail.
8. Per contra, learned High Court Government Pleader opposes the bail petition stating that the injury caused to the injured is very serious and grave injury. If the petitioner/accused be enlarged on bail, there is every possibility of he may repeat similar offence and therefore, sought for rejection of the bail.
9. In view of the rival contentions of the parties, this Court perused the records.
10. admittedly, the complaint came to be filed on the very same day of the incident and thereafter, within three days, Police were able to apprehend the present petitioner on 03.02.2022. Thereafter, he is in judicial custody.
11. The Investigating agency after thorough investigation, completed the investigation and filed charge sheet against the petitioner herein and others.
12. Taking note of the fact that the accused is in judicial custody and charge sheet is filed and also taking note of the fact that the petitioner is to attend the examination of II PUC on and from 18.04.2022 as is found in time table filed along with a memo before this Court, this Court is of the considered opinion that the petitioner be enlarged on bail. The apprehension of the prosecution can
The completion of investigation and filing of charge sheet can be considered in granting bail, along with other relevant circumstances.
The main legal point established in the judgment is that the nature of the injury sustained by the victim and the period of custody of the accused are crucial factors in determining whether bail shou....
The key legal principle established is that bail may be granted based on the circumstances of false implication and the lengthy trial process.
Grant of bail under Section 439 Cr.P.C based on totality of facts and circumstances, without expressing opinion on case merits.
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