(Prayer: This Criminal Petition Is Filed U/S. 439 Of Code Of Criminal Procedure, Praying To Release The Petitioner On Bail In Cr. No.139/2014 Of Respondent Cottonpet Police Station, Bengaluru, Registered For Alleged Offence Punishable Under Sections 341, 504, 307 R/W 34 Of I.P.C. Pending On The File Of The Learned Iii Additional Chief Metropolitan Magistrate, Bengaluru.)
1. This is the petition filed by the petitioner - accused No.1 under Section 439 of the Cr.P.C. seeking his release on bail of the alleged offences punishable under Sections 341, 504, 307 r/w 3-1 of I.P.C. registered in respondent - Police Station Crime No. 139/2014.
2. Heard the arguments of the learned Counsel appearing for the petitioner/accused No.1 and also the Seamed High Court Government Pleader for the respondent/State.
3. I have perused the averments made in the bail petition and other materials produced along with the petition. Looking to the case of the prosecution, as per the averments in the complaint the younger brother of the complainant by name Rajesh is residing at K.P. Agrahara and on 04.05.2014 at about 10.50 A.M. the complainant went to K.P. Agrahara on work and went to his younger brother's house Rajesh. The said Rajesh was intended to go to Bakshi Garden and both the complainant and said Rajesh went in an Autorickshaw and while proceeding near Binny Mill Circle they wanted to have tea and went to a tea shop at about 11.00 A.M. By that time Sundar, Venkatesh and Karamani were standing along with their friends and they abused the complainant in filthy language. Accused Nos.2 and 3 caught hold the injured - complainant and accused No.1 assaulted him with button knife and inflicted injury. On the basis of the said complaint, case was registered for the alleged offences against all the three accused persons.
4. Learned Counsel for the petitioner submitted that accused Nos.2 and 3 have been already granted bail and so far as the present petitioner is concerned, since from the date of his arrest he is in custody and now the complainant has been discharged from the Hospital, In this connection, the learned Counsel produced the Discharge Summary. This goes to show that the injured has already been discharged from the Hospital. This fact is not disputed by the other side also and It goes to show that the life of the injured at this stage is out of danger and he is safe,
5. Looking to the allegations and the place of injuries said to have been caused by the accused No.1 is also not on the vital part of the body and alleged offence under Section 307 is not exclusively punishable with death or imprisonment for life. The petitioner has undertaken that he is ready to abide by any of the conditions to be imposed by the Court. Therefore, looking to these materials on record, the petitioner - accused No.1 can be admitted to bail by imposing reasonable conditions.â
6. Accordingly, the petition is allowed. The petitioner/accused is ordered to be released on bail for the alleged offences subject to the following conditions :
i) Petitioner to execute personal bond for Rs.50,000/- and to furnish one solvent surety for the like sum to the satisfaction of the concerned Court.
ii) He shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii) He shall appear before the concerned Court regularly.