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IN THE HIGH COURT OF KARNATAKA
V. Srishananda, J.
Kencha @ Kenchappa & Ors. - Appellants
Versus
State of Karnataka - Respondent
Criminal Petition No. 2071 of 2022
Decided On : 12-04-2022
Bail - Criminal Law - The court allowed the petition for bail under Section 439 Cr.P.C for the offences punishable under sections 323, 324, 307, 341 and 504 read with section 34 of I.P.C. The court considered the discharge summary from the hospital, which indicated that the injured person had been discharged and that the injuries were simple. The court imposed stringent conditions to address the prosecution's apprehension.
Fact of the Case:
The petitioners sought bail in a case involving offences under sections 323, 324, 307, 341 and 504 read with section 34 of I.P.C. The injured person had been discharged from the hospital, and the petitioners had been in judicial custody since 25.01.2022.
Finding of the Court:
The court found that the petitioners had made out a case for grant of bail, considering the discharge of the injured person from the hospital and the overall circumstances. Stringent conditions were imposed to address the prosecution's apprehension.
Issues: The main issue was whether the petitioners should be granted bail in a case involving serious offences under the Indian Penal Code.
Ratio Decidendi: The court considered the discharge summary from the hospital, which indicated that the injuries sustained were simple and that the injured person had been discharged. The court also took into account the fact that the petitioners had been in judicial custody since the date of the incident.
Final Decision: The court allowed the petition for bail and directed the petitioners to be enlarged on bail upon executing a bond with stringent conditions to address the prosecution's apprehension.
JUDGMENT
V. Srishananda, J. - Heard Sri.Hareesh Bhandary T , learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State and perused the records.
2. The present petition is filed under Section 439 Cr.P.C with the following prayer:
'WHEREFORE, it is prayed that this Hon'ble Court may be pleased to enlarge the petitioner on bail in Crime No.17/2022 of Harihara Rural Police Station for the offence punishable under sections 323, 324, 307, 341 and 504 read with section 34 of I.P.C., pending on the file of Prl. District and Sessions Judge Davanagere, in the interest of justice.'
3. The brief facts of the case are as under:
a complaint came to be lodged by Sri.Neelappa son of Sri.Erappa to Harihara Rural Police Station, Davanagere District registered in Crime No.17/2022 on 25.01.2022 for the following offences:
'Sections 323, 324, 307, 341 aND 504 r/w Section 34 of IPC.'
4. The gist of the complaint averments is that; on 24.01.2022 at about 9.30 pm., the complainant was to visit Mysuru for his work and he had requested his relatives Sri.Mallikarjuna, Sri.Ramesha and his nephew Sri.Prashantha to drop him to the bye-pass road at about 9.45 pm. Since, they were hungry, they proceeded to an Egg Rice shop situated in front of Ganesha Bar. at that juncture, they found Sri.Kencha, Sri.Basavaraju and Sri.Ganesha at about 10.00 pm., There was a previous ill-will nurtured by them and on the basis of the same, they picked up a quarrel and abused the complainant party in a filthy language. When they questioned the same, all the three persons namely Sri.Kencha, Sri.Basavaraju and Sri.Ganesha assaulted the complainant on chest and slapped him. One of them, took out a broken Beer bottle and assaulted him on the forehead and stabbed on the right side of the chest region and also on the right side shoulder. Sri.Mallikarjuna, Sri.Ramesha and Sri.Prashantha being the relatives, pacified the quarrel and took him to Harihara Government Hospital and thereafter, to Davanagere Hospital.
5. Based on the said complaint, police registered a case as aforesaid and investigated the matter, inter alia arrested the present petitioners and sent them to judicial custody.
6. The attempt made by the petitioners seeking grant of bail was turned down by the learned Principal District Judge, Davanagere by order dated 16.02.2022 in Crl.Misc.No.100/2022. Thereafter, the petitioners are before this Court.
7. Learned counsel for the petitioner Sri.Hareesh Bhandary T, reiterating the bail grounds contended that the petitioners are innocent of the offences alleged against them and the previous incident has blown out of proportion by the prosecution. In order to substantiate his arguments, he has filed a memo with the discharge summary issued by Chigateri Government Hospital, Davanagere, wherein, it is found that the injured person has been discharged on 02.02.2022.
8. Having regard to the fact that the injured person has already been discharged from the hospital and also taking note of the over all circumstances, the counsel for the petitioner sought for grant of bail.
9. Per contra, learned High Court Government Pleader opposes the bail petition.
10. Perused the material on record including the discharge summary.
11. On such perusal of the material on record, the injured who got admitted to the hospital on 25.01.2022 got discharged on 02.02.2022.
12. Learned High Court Government Pleader while filing the written objections has also brought to the notice of the Court that the injured has sustained simple injuries and did not dispute the fact that the injured has been discharged from the hospital on 02.02.2022.
13. Taking note of all these aspects of the matter and also the fact that the petitioners are in judicial custody from 25.01.2022, this Court is of the considered opinion that the petitioners have made out a case for grant of bail.
14. The apprehension expressed by the prosecution can be met with, by imposing stringent conditions. accordingly, th
The severity of the offense and the prima facie material available on record disentitled the petitioner from obtaining bail.
The court has the discretion to grant bail based on the circumstances of the case and may impose specific conditions for the release of the accused.
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 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 gravity of the offense and the petitioner's availability to the Investigating Agency are crucial factors in deciding whether to grant anti....
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