The court considered the nature of the offences, the injuries suffered by the complainant, and the grant of anticipatory bail to accused No.1 in granting bail to the petitioner on the ground of parity.

JUDGMENT

Rajendra Badamikar, J. -The petitioner/accused No.2 filed this petition under Section 439 of Cr.P.C seeking regular bail in Crime No.197/2022 of Tarikere Town Police Station, registered for the offences punishable under Sections 143, 144, 147, 148, 341, 324, 504, 307 r/w Section 149 of IPC.

2. Heard the learned counsel for petitioner and learned HCGP for respondent-State. Perused the records.

3. The brief factual matrix leading to the case are that on 21.08.2022 at about 7.30 p.m., the complainant was proceeding from M.C.Halli to Bhadravathi and at that time the present petitioner along with other accused came in a Duster vehicle and picked up quarrel with complainant by abusing him in vulgar language. It is also alleged that the petitioner and other accused assaulted the complainant on his chest, stomach and genital region and also assaulted by beer bottle causing bleeding injuries. It is further the case of the prosecution, they were also possessing machete and longs and attempted to cause his death. When the friend of complainant by name Madhukumar came there the petitioner along with other accused fled from the spot and immediately he was shifted to Shimoga Megon Hospital and after obtaining treatment he lodged a complaint.

4. On the basis of the complaint crime came to be registered and during the course of the investigation the petitioner was arrested and was produced before the learned magistrate and later on he was remanded to judicial custody.

5. Petitioner has approached the learned Sessions Judge seeking regular bail and his bail petition came to be rejected. Hence petitioner is before the Court.

6 Having heard the arguments and perusing the records, it is evident that the petitioner is said to have assaulted the complainant by hands and beer bottle and there was an attempt to assault by using chopper and long. But admittedly, chopper and long were not used for assault and only allegations were assault by beer bottle and hands. The injury certificate disclose that the complainant has suffered a simple soft tissue injury and it does not correspond to allegations regarding assault by beer bottle as no laceration or incise injuries were found on his body. Further the motive alleged also does not inspire the confidence of the Court regarding the complainant being a witness to some other dispute for which reason he was said to have been attacked.

7. The offences alleged are not punishable exclusively with a death or life imprisonment and further it is also submitted that the recovery is concluded. Hence presence of the petitioner is no more required by the Investigating Agency. The accused No.1 has already granted anticipatory bail by this Court in Criminal Petition No.9290/2022.

8. Under these circumstances, in my considered opinion petitioner is also entitle for bail on the ground of parity. The other apprehensions raised by the learned HCGP can be meted-out by imposing certain conditions.

Hence, petition needs to be allowed and accordingly, I proceed to pass following:-

ORDER

a) The petition is allowed.

b) The petitioner is ordered to be enlarged on bail in Crime No.197/2022 of Tarikere Town Police Station, registered for the offences punishable under Sections 143, 144, 147, 148, 341, 324, 504, 307 r/w Section 149 of IPC. on his executing a personal bond in a sum of Rs.1,00,000/-(Rupees One Lakhs only) with two sureties for the like-sum to the satisfaction of the concerned Court/Trial Court, subject to following conditions:-

ii) The petitioner shall not tamper with the prosecution witnesses directly or indirectly;

iii) The petitioner shall not indulge in any similar offences;

iv) The petitioner shall not leave the jurisdiction of the Court without prior permission of the Trial Court;

v) The petitioner shall appear before the Court, on all the dates of hearing, unless he is exempted by a specific order.