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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF AUGUST, 2021

BEFORE

THE HON9BLE MRS.JUSTICE M.G.UMA

CRIMINAL PETITION NO.3925 OF 2021

BETWEEN :

YASHAWANTH,

S/O RANGEGOWDA,

AGED ABOUT 28 YEARS,

R/O KATTETHIMMANAHALLI,

KALSAPURA POST, KAKYA HOBLI,

CHIKKAMAGALURU TALUK,

DISTRICT 3 577 101.

&PETITIONER

(BY SRI.GIRISH B.BALADARE, ADVOCATE)

AND :

STATE BY CHIKKAMAGALURU

RURAL POLICE STATION,

CHIKKAMAGALURU DISTRICT,

REP. BY PUBLIC PROSECUTOR,

HIGH COURT BUILDING,

BENGALURU 3 01.

& RESPONDENT

(BY SRI.K.S.ABHIJITH, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION

438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON

BAIL IN THE EVENT OF HIS ARREST IN CR.NO.128/2021

REGISTERED BY CHIKKAMAGALURU RURAL POLICE STATION,

CHIKKAMAGALURU DISTRICT, FOR THE OFFENCE P/U/S 341,

504, 323, 324, 307 R/W 34 OF IPC.

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THIS CRIMINAL PETITION COMING ON FOR ORDERS

THIS DAY, THE COURT MADE THE FOLLOWING:-

O R D E R

The petitioner-accused No.1 is before this Court seeking

grant

of

anticipatory

bail

in

Crime

No.128/2021

of

Chikkamagaluru

Rural

Police

Station,

Chikkamagaluru,

registered for the offences punishable under Sections 341,

504, 323, 324, 307 R/w 34 of the Indian Penal Code (for short

'IPC'), on the basis of the first information lodged by the

informant Sri.Paramesh.

2.

Heard Sri.Girish B.Baladare, learned Counsel for

the petitioner and Sri.K.S.Abhijith, learned HCGP for the

respondent -State. Perused the materials on record.

3.

Learned Counsel for the petitioner submitted that

the petitioner is arrayed as accused No.1. He is innocent and

law abiding citizen. He has not committed any offences as

alleged. He has been falsely implicated in the matter without

any basis. He submits that accused Nos.2 and 3 are already

granted anticipatory bail by this Court, hence, the present

petitioner is also entitled for the benefit of parity with the co-

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accused. Present petitioner is not having any criminal

antecedents. The petitioner is the permanent resident of the

address mentioned in the cause title to the petition and he is

ready and willing to co-operate with the investigation. He is

also ready and willing to abide by any of the conditions that

would be imposed by this Court. Hence, he prays to allow the

petition in the interest of justice.

4.

Per contra, learned High Court Government

Pleader

opposing

the

petition

submitted

that

serious

allegations are made against the petitioner for having

committed the offences. It is alleged that the petitioner had

assaulted the injured with sharp edged weapon, which has

resulted in causing grievous hurt. Both injured have taken

treatment by admitting to the hospital. No such allegations

are made against accused Nos.2 and 3. Considering the

seriousness of the offence alleged against the petitioner,

petitioner is not entitled for grant of anticipatory bail.

Accordingly, he prays for dismissal of the petition.

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5.

In view of the rival contentions urged by learned

counsel for both the parties, the point that would arise for my

consideration is:

<Whether the petitioner is entitled for

grant of bail under Section 438 of Cr.P.C.?=

My answer to the above point is in 8Affirmative9 for the

following:

R E A S O N S

6.

The materials placed on record prima facie

discloses that, serious allegations are made against the

petitioner for having committed the offences. It is alleged

that the present petitioner assaulted the injured with sharp

edged weapon whereas, accused Nos.2 and 3 have ass