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2025 Supreme(Online)(KAR) 5833
HIGH COURT OF KARNATAKA
JUSTICE MOHAMMAD NAWAZ, J
VENKATESH R @ BUL DOG – Appellant
Versus
STATE BY – Respondent
CRL.P 13338 of 2024
Bail may be denied for serious charges and ongoing investigations, but can be granted to those without prior offenses under strict conditions.
Headnote:(A) BNS 2023 - Sections 109, 115(2), 118(1), 126(2), 189(2), 189(4), 190, 191(2), 191(3), 351(3), 352 R/W Section 190 - Petition for bail - Accused charged with grievous assault during a quarrel - Investigation ongoing, with serious injuries reported - Accused Nos.3 and 6 denied bail due to severity of allegations and ongoing investigation, while Accused No.7 granted bail with conditions. (Paras 1-12)
(B) Bail - Considerations for granting bail include severity of injuries and ongoing investigation - Accused with no criminal antecedents may be granted bail under strict conditions. (Paras 10-12)
Facts of the case:
The petitioners, accused Nos.3, 6, and 7, were involved in an assault incident on 27.10.2024, following a quarrel on 11.09.2024. The complainant and his friends were attacked, resulting in grievous injuries to one victim.
Findings of Court:
Accused Nos.3 and 6 are not entitled to bail due to the ongoing investigation, while Accused No.7 is granted bail under specific conditions.
Issues: The court addressed the appropriateness of bail for the accused based on the severity of injuries and the status of the investigation.
Ratio Decidendi: The court emphasized that bail may be denied when serious injuries are involved and the investigation is ongoing, but may be granted to those without prior criminal records under strict conditions.
Result: Petition allowed in part; bail granted to Accused No.7, while petitions for Accused Nos.3 and 6 are dismissed.
ORAL ORDER
This petition under Section 483 of BNSS is preferred by accused Nos.3, 6 and 7 respectively in Crime No.436/2024 of Devarajaeevanahalli Police Station, Bengaluru City, registered for offences punishable under Sections 109 , 115(2), 118(1), 126(2), 189(2), 189(4), 190, 191(2), 191(3), 351(3), 352 R/W Section 190 of BNS 2023 .
2. Above FIR is registered on a complaint lodged by one Harish Babu in respect of an incident of assault which took place on 27.10.2024.
3. FIR is registered against accused Nos.1 to 7 and others. Petitioners are arraigned as accused Nos.3, 6 and 7 respectfully.
4. It is alleged that a quarrel took place on 11.09.2024 at about 06:30 p.m. between the complainant and accused persons during immersion of Ganesha idol and therefore, the accused were nurturing ill-will against the complainant and his friends. On 27.10.2024, at about 10:20 p.m., when the complainant and his friends were standing near Karimariyamma Temple in Venkatappa Layout, all the accused with a common object of committing murder, came armed with longs, clubs etc., and assaulted them and caused injuries to the complainant as well as his friends Sanjay and Ranjith.
5. Learned counsel for the petitioners has contended that there is a counter case registered against the complainant and others in Crime No.438/2024 at Devarajeevanahalli Police Station and in the said case, accused No.1 named in the present case is injured. He contended that accused Nos.2 and 4 are already granted bail by the learned Sessions Judge and therefore, petitioners may be enlarged on bail by imposing any conditions.
6. Learned High Court Government Pleader has contended that there are 3 injured and one of them has sustained grievous injuries. He contended that since the investigation is still in progress, petitioners are not entitled for the relief sought in the petition. He accordingly, prays to dismiss the petition.
7. As per complaint averments, all the accused came armed with long etc., and assaulted Sanjay and caused injuries to his right hand. Accused Nos.2 and 3 assaulted Ranjith and accused Nos.4, 5 and 7 assaulted the complainant with long and clubs.
8. The injuries sustained by Ranjith are grievous in nature. The wound certificate discloses that he has suffered 3 injuries as under;
1) Avulsion, lacerated wound-Bone deep forearm-15 X 8 X 4 cm.
2) Forearm - Radius open fracture, arterial bleed at Distal 4/5th point.
3) Parieto - occipital sclap-Lacceration 4 X 0.5 X 0.5 cm.
9. Injured Ranjith has been assaulted by accused No.3, as per complaint allegation. From the said accused a long and blood stained knife are recovered.
10. From accused No.6, blood stained long has been recovered. He is alleged to have assaulted one Sanjay along with other accused persons. The said Sanjay has sustained simple injuries. Similarly, accused No.7 and accused Nos.4 and 5 are alleged to have assaulted the complainant with long and clubs. Further, all the accused are alleged to have abused and assaulted the injured with stones. From accused No.7, a blood stained stone has been recovered. Insofar as accused No.6 is concerned, he is involved in another criminal case registered in Crime No.66/2024 of Devarajeenahalli Police Station for the offence punishable under Section 506, 324 read with Section 34 of IPC.
11. There is discrepancy in so far as the weapon used by accused No.7 and the recovery made at his instance. He has no criminal antecedents. According to the prosecution, he assaulted the complainant – Harish Babu along with accused Nos.4 and 5. The injuries sustained by him are simple in nature.
12. In the above facts and circumstances, accused Nos.3 and 6 are not entitled for bail at this stage, as the investigation is still in progress. Accused No.7 can be admitted to bail by imposing conditions. Accordingly, the following:
ORDER
(i) Petition is allowed in part.
(ii) Petitioner No.3/accused No.7 shall be enlarged on bail in Crime No.436/2024 of Devarajeevanahalli Police Station, subjec
