karnataka high court

Anticipatory bail may be granted subject to the conditions which will take care of the interest of the prosecution: Karnataka High Court

The petitioner was granted anticipatory bail, considering all the facts and circumstances and in light of the allegations made against him, however he is directed to appear before investigating officer within fifteen days of receipt of order. Karnataka High Court held in Nagaraja R. v. State of Karnataka (Crl. Petition No. 5780/2020)

Facts of the case are, the statement of the injured was recorded by the police on 09.10.2020 while he was admitted in McGann Hospital, Shimoga stating that there was dispute between him and the petitioner in the matter of an agricultural land and there used to be frequent quarrels. On 09.10.2020 at about 8.00 a.m. when the informant was in front of the shop near his house, the petitioner/accused armed with club came from behind and assaulted on his hand, leg and other parts of the body, with an intention to cause his death. As a result of which, the complainant sustained bleeding injuries. Immediately, the relatives of the complainant came and shifted him to the hospital. Therefore, he requests for registering the case and accordingly, the police have registered the case and took up investigation.

Counsel for the petitioner submitted that a false complaint is came to be lodged against the petitioner, as a counter blast for the earlier complaint lodged by his wife against the informant. Also, stating that petitioner is not required for custodial interrogation. However, he is ready and willing to abide by the law.

And, the counsel for respondent while opposing the petition, submitted that serious allegations are made against the petitioner for having committed the offences. The counsel also stated that, the petitioner is absconding since the date of the registration of the case. And therefore the petition shall be dismissed.

However, the court was of the view that, “Crime No. 195/2020 was registered against the first information in the present case in Kumsi Police Station for the offences punishable under Sections 341, 354, 354(A), 354(B) of IPC. The said complaint was came to be lodged on 09.10.2020 between 6.00-6.45 p.m. The present complaint was registered on the very same day at 9.00 pm on the basis of the statement of the complainant recorded while he was taking treatment in the hospital. The medical records are not made available. But however, it is admitted that the first informant is already discharged from the hospital.”

Conclusively, the petition was allowed and the petitioner was granted bail subject to the certain conditions.

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