Detention duration and severity of injuries are critical in bail considerations under Cr.P.C.

(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)

Accused in S.C. No.5027 of 2024 pending before the Court of V Additional District and Sessions Judge, sitting at Hubballi, arising out of Crime No.113 of 2023 registered by Hubballi Town Police Station, Hubballi Dharwad District for offences punishable under Sections 332 , 353, 307 of IPC and Section 27(1) of Arms Act , is before this Court in this successive bail application filed under Section 483 of BNSS , 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. FIR in Crime No.113 of 2023 was registered by Hubballi Town Police Station, Hubballi Dharwad District, initially for offence punishable under Section 27(1) of Arms Act and Sections 353 and 332 of IPC, against petitioner herein based on the first information dated 25.11.2023 received from Jagadeesh Myaginamani, Police Officer, attached to Hubballi Town Police Station. During the course of investigation, petitioner was arrested on 25.11.2023 and subsequently, he was remanded to judicial custody. After completing investigation, charge sheet has been filed against him for the aforesaid offences. His bail application filed before the Trial Court was rejected and therefore, he had approached this Court in Criminal Petition No.103758 of 2024, which was rejected by the Co-ordinate Bench of this Court on 11.03.2025. It is under these circumstances, petitioner is before this Court in this successive bail application.

4. Learned counsel for the petitioner submits that victim in the present case has suffered only simple injury. For extraneous reasons, a false case has been registered against the petitioner. Petitioner is in custody in the present case for the last 22 months. In all the other criminal cases registered against him, he has been enlarged on bail. He submits that, as a result of gunshot injury suffered by the petitioner in the alleged incident in question, petitioner has a pain in his left knee and the gunshot wound has not yet healed properly. He requires treatment in a higher hospital.

Accordingly, he prays to allow petition.

5. Per contra, learned HCGP has opposed the petition. She submits that the petitioner's earlier bail application was rejected on merits and there is no change in circumstance to entertain this petition. She fairly submits that mother of the petitioner, who is the alleged victim in S.C. No.5035 of 2021 is before this Court in person and she has prayed to grant bail to the petitioner.

6. In the first information which is filed by the Police Officer attached to Hubballi Town Police Station, it is stated that on 25.11.2023, when the first informant and other Police Officers attached to Hubballi Town Police Station, tried to apprehend the petitioner, as against whom non- bailable warrant was issued by the Jurisdictional Sessions Court in S.C. No.5035 of 2021 arising out of Crime No.55 of 2021 registered by Hubballi Town Police Station, petitioner tried to escape and he allegedly assaulted the first informant with a knife causing injuries on his neck. Wound certificate of the first informant, who is the alleged victim in the present case would go to show that he has suffered only a simple injury in the said incident that had taken place on

25.11.2023.

7. It appears that after the FIR was registered in Crime No.113 of 2023 at about 17:00 hours on 25.11.2023 for the purpose of recovering the weapons which allegedly were in the house of the petitioner, he was taken to his house by the Police and when he made an attempt to escape at about 21:30 hours, the Police had fired from their service pistol on his left leg and as a result, he had suffered grievous injury and was admitted in the hospital. Medical rec