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 anticipatory bail.

JUDGMENT/ORDER

V Srishananda, J. - Heard Sri. Rudrappa P., learned Counsel for the petitioner and Sri. Vinayaka V.S., learned High Court Government Pleader for the respondent-State. Perused the records.

2. Present petition is filed under Section 438 of Cr.P.C. with the following prayer:

'Wherefore, the petitioner respectfully prayed that this Hon'ble Court be pleased to allow this petition and release the Petitioner (Accused No.5) on bail in connection with the Crime No.336/2022 by the Baramasagara Police Station for the alleged offences punishable under Sections 143, 147, 148, 323, 324, 307, 354, 427, 504, 506 read with Section 149 of Indian Penal Code, in the event of his arrest by the respondent police, in the interest of justice and equity."

3. The brief facts of the case are as under:

A complaint came to be lodged by Sri.Umesha S/o Parasappa with Bharamasagara Police Station, Chitradurga District, which was registered in Crime No.336/2022 on 06.12.2022 for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 354, 427, 504, 506 read with Section 149 of Indian Penal Code (hereinafter referred to as 'the IPC for short).

4. The gist of the complaint averments reveals that on 04.12.2022 at about 7.30 p.m., one Harisha S/o Shivamurthy was riding the motorcycle in a rash and negligent manner and the complainant said to have advised him to ride the motorcycle properly and in this regard, there was altercation between them. Keeping the same dispute in mind, on 05.12.2022 at about 8.00 a.m., when the complainant went to the house of one Chandrappa, who is the Senior uncle of Harisha, said Chandrappa assured that he would advise Harisha and his friends in a proper manner. On account of the said complaint, the present petitioner and other accused persons nurturing the enmity against the complainant and formed an unlawful assembly and came to the house of the complainant and assaulted him and his followers and abused them in filthy language and therefore, the complainant sought for action.

5. After registering the case, the police are investigating the matter.

6. The petitioner is shown as accused No.5. Soon after registration of the case, the petitioner approached the District and Sessions Court, Chitradugra in Crl.Misc.No.1354/2022 for grant of anticipatory bail, which was rejected by order dated 31.12.2022. Thereafter, the petitioner is before this Court.

7. Reiterating the grounds urged in the bail petition Sri. Rudrappa P., learned Counsel for the petitioner vehemently contended that the petitioner has been falsely implicated in this case and sought for grant of anticipatory bail.

8. Per contra, learned High Court Government Pleader however opposes for grant of anticipatory bail by filing detailed written objections.

9. In the light of the rival contentions, this Court perused the materials on record meticulously.

10. On perusal of the materials on record, it is seen that the investigating agency has invoked the offence punishable under Section 149 of IPC. The injured persons have been treated and all of them are discharged from the hospital with the history of simple injuries, as such the gravity of the offence per se is reduced, even though the prosecution has invoked Section 307 of IPC.

11. It is for the Investigating Agency to investigate the case properly and file appropriate report as is contemplated under Section 173 of Cr.P.C.

12. Suffice to say that the petitioner is not available to the Investigating Agency from the date of offence and therefore, the investigation has also crippled. Directing the petitioner to join the investigation and undergo limited period of custodial investigation would meet the ends of justice.

13. Accordingly, without expressing further opinion on merits of the matter, following order is passed.

ORDER

1. The Criminal Petition is allowed.

2. Petitioner is directed to appear before the Investigating Agency on 05.04.2023 at about 10.00 a.m.

3. Investigation Officer is at liberty to take the accused/pet