Granting bail based on the simple nature of injuries, unknown assailants, and previous bail granted to a co-accused.

JUDGMENT

1. These petitions are filed under Sec. 439 of Cr.P.C. seeking regular bail of the petitioners/accused Nos.4 to 7 and accused No.2 respectively in Crime No.41/2022 of K.R. Sagar Police Station, Mandya, for the offences punishable under Ss. 307, 341, 427 read with Sec. 34 of IPC.

2. Heard the respective learned counsel for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.

3. The factual matrix of the case of the prosecution is that on 24/2/2022 at 10.30 a.m. at Raghavendraswamy Mutt Road, construction work was going on in the new house of the complainant. He went there and after noticing that some work is in progress, when he was returning back at 12.25 p.m. in the Innova car bearing No.KA-55-0856, at that time, another Innova gold colour car came and obstructed his way, wherein 3 to 4 persons got down from the car holding Long and iron road in their hands. They came with an intention to take away his life and out of them, one person holding Long came to assault him and while doing so, he had hit the front class of the car and another person hit the right side glass causing damage to Innova car and glass piece hit his right hand and immediately, he reversed his car and other unknown persons were following him and when he screamed, seeing the incident, the residents also rushed to the spot and thereafter, those persons went away in the car. Hence, complaint is lodged. Based on the complaint, the police have registered the case and the matter is under investigation.

4. The learned counsel appearing for the respective petitioners would submit that the assailants are unknown as per the contents of the complaint and these petitioners have been falsely implicated in the case. The counsel also would submit that the injuries are simple in nature and there was no motive to take away the life and the complaint also discloses that, while proceeding in the vehicle, galatta has taken place and the counsel further submits that accused No.1 already enlarged on bail by this Court in Crl.P.No.5094/2022. Hence, the petitioners may be enlarged on bail.

5. Per contra, learned High Court Government Pleader for the respondent-State would submit that though the injuries are simple in nature, the allegation is very clear that they were holding deadly weapons like iron rod and also Long and though they were unsuccessful in taking away the life, they made an attempt with an intention to take away the life with deadly weapons. Hence, there is a prima facie case against the petitioners herein.

6. Having heard the respective counsel appearing for the parties and also on perusal of the material available on record, particularly, the contents of the complaint, an allegation is made against unknown persons that they tried to inflict injury on the complainant. The medical records also disclose that the complainant had only swelling in the right wrist and lacerated wound over the elbow and the injuries are also simple in nature. Having taken note of the factual aspects of the case and also the fact that the assault was made by unknown persons and also taking note of the gravity of the offence, nature of allegations made in the complaint and also the injuries sustained by the complainant which are simple in nature and also taken note that accused No.1 has been enlarged on bail in Crl.P.No.5094/2022 by this Court, it is a fit case to exercise the powers under Sec. 439 of Cr.P.C., subject to imposing certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

ORDER

The Petitions are allowed. Consequently, the petitioners/accused Nos.4 to 7 and 2 shall be released on bail in Crime No.41/2022 of K.R. Sagar Police Station, Mandya, for the offence punishable under Ss. 307, 341 and 427 read with Sec. 34 of IPC, subject to the following conditions:

(i) The petitioners shall execute personal bond for a sum of Rs.2,00,000.00 (Rupees Two Lakhs only) each with two sureties e