Karnataka High CourtAbhilash @ Abhi Crp vs The State on 12 July, 20171




           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

        DATED THIS THE 12TH DAY OF JULY, 2017

                          BEFORE

           THE HON'BLE MR.JUSTICE B. A. PATIL

           CRIMINAL PETITION No.200724/2017

Between:

Abhilash @ Abhi CRP
S/o Chandrakant
Age: 21 years, Occ: Student
R/o Vidya Nagar, Kalaburagi
                                                ... Petitioner
(By Smt. Hema L. Kulkarni, Advocate)

And:

The State through
Raghavendra Nagar Police Station
Represented by Addl. SPP
High Court of Karnataka
Kalaburagi
                                              ... Respondent
(By Sri Sheshadri Jaishankar M., HCGP)

       This Criminal Petition is filed underSection 438of
Cr.P.C., praying to allow the petition and issue direction to
the respondent-Raghavendra Nagar Police Station to enlarge
the petitioner on bail in the event of his arrest in Crime
No.82/2017 of Raghavendra Nagar Police Station, which is
registered for the offences punishable underSections 143,147,148,307,323,324, 504 and 506 r/wSection 149of
IPC.
                             2




      This petition is coming on for Orders this day, the
Court made the following:-

                        ORDERThis petition is filed by the petitioner/accused

No.6 underSection 438of Cr.P.C., seeking anticipatory

bail in Crime No.82/2017 of Raghavendranagar Police

Station, registered for the offences punishable underSections 143,147,148,323,324,307, 504, 506 r/wSection 149of IPC.2. Brief facts leading to filing of the complaint are

that, on 23.05.2017 at about 8.20 p.m., when the

complainant and his friend Janya S/o Shivasharanappa

Mandarwad were standing near Jattingraya temple of

Borabai Nagar, five to six persons came there from

Bhagat Singh Chowk and accused No.1 abused the

complainant and his friend and told that fifteen days

back they have registered a case against him due to

which he went to jail and he also told that he will take

the life of the complainant and his friend. At that time,3Janya escaped from them and those persons caught

hold the complainant and abused him in filthy language

and assaulted with rod on the left side of the head due

to which the complainant sustained bleeding injury and

fell down. The petitioner and others were instigating to

take the life of the complainant and also assaulted with

hands and kicked with legs.      When the complainant

made hue and cry, one Lokesh Bhajantri, and others

came and pacified the quarrel and thereafter, the

complainant was taken to the hospital.         Therefore,

complaint came to be lodged and on the basis of the

said complaint, a case has been registered.3. Heard the arguments of the learned counsel for

the petitioner and learned High Court Government

Pleader appearing for respondent-State.4.    The main grounds urged by the learned

counsel for the petitioner are that petitioner is innocent

and he has been falsely implicated in this case.      She4contends that there is no material to connect the

petitioner to the alleged crime and the complainant who

has   sustained    simple   injuries   has    already   been

discharged from the hospital and he is out of danger.

She would further contend that the petitioner is a

student and if he is detained in jail, his educational

career would be affected. She also contends that

accused No.4 has already been released on bail by the

Sessions Court and as such, petitioner is also entitled

for bail on the ground of parity.      She would further

contend that petitioner is a resident of Kalaburagi

therefore, there is no chance of he being absconded.

She would also contend that if the petitioner is released

on bail, he is ready to abide by the conditions to be

imposed by this Court and he is ready to offer sureties.

On these grounds, she prays for allowing the petition.5.   On     the   contrary,   learned    High     Court

Government Pleader appearing for the respondent-State5has vehemently contended that there are eyewitnesses

to the alleged incident and the petitioner and other

accused persons only with an intention to take away the

life of the complainant have assaulted with a rod and

with their hands and legs.       He would further contend

that petitioner was absconding and was not available for

investigation and interrogation therefore, he may not be

released on bail. At this juncture, if the petitioner is

released on bail, there is likelihood of he being

absconded and he may not be available for trial.         On

these grounds, he prays for dismissal of the petition.6.   I have perused the FIR, complaint and other

material produced along with the petition.7. On going through the contents of the complaint

and other material, it would indicate that the alleged

incident has taken place because of the earlier case

registered against accused No.1 by the complainant and

his friend, due to which, he was sent to jail. Only with6an intention to take revenge, the accused persons came

and assaulted the complainant and his friend and

abused them in filthy language and assaulted with rod

on the left side of the head of the complainant. But it is

submitted by the learned counsel for the petitioner that

the complainant has already been discharged from the

hospital and he is out of danger.     When the offences

alleged against the petitioner are not punishable with

death or imprisonment for life and when the petitioner

is stated to be student, I am of the opinion that

petitioner is entitled to be released on bail. Therefore, I

feel that if the petitioner is released on bail by imposing

stringent conditions, it would safeguard the interest of

the prosecution and it would meet the ends of justice.8. For the aforementioned reasons, the petition is

allowed.The respondent-Police are hereby directed to

release the petitioner/accused No.6 on bail, in the event7of his arrest, for the above said offences, subject to the

following conditions :-i.     The petitioner shall execute a personal
             bond for a sum of Rs.2,00,000/- (Rupees
             Two Lakhs Only) with two solvent sureties
             for the likesum to the satisfaction of the
             arresting authority.ii.    The petitioner shall not tamper with any
             of the prosecution witnesses directly or
             indirectly.iii.   The petitioner shall appear before the
             investigating officer as and when required
             and co-operate for investigation.iv.    The petitioner shall appear before the
             jurisdictional Court and execute personal
             bond, surety bond and furnish surety
             within thirty days from the date of receipt
             of certified copy of this order.Sd/-JUDGE

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