Karnataka High court grants bail in assault and theft case

Ramesh And Ors vs The State

 9 May, 2023

Bench: Hon’ble Ramachandra D. Huddar



In the case with the petition number CRL.P No. 200397 of 2023, the petitioners have filed a petition under Section 439 of the Code of Criminal Procedure to seek regular bail in Crime No. 24/2023 of Ferhatabad Police Station, Kalaburagi. The crime is registered for the offense punishable under Section 395 of the Indian Penal Code.


According to the prosecution’s case as per the FIR, the complainant, K. Gadilingappa, alleged that on 12.03.2023 at around 5:00 p.m., he was returning from Sonna Village after meeting Yallamma. While he was on National Highway 50 near the bridge of Siranoor village at approximately 8:30 p.m., five individuals on two motorcycles intercepted him. They forcefully removed his helmet and used it to assault him on the head twice. They also snatched his bag containing 1,000 INR and a mobile phone, as well as his motorcycle, before fleeing towards Kalaburagi. The complaint was registered with the Ferhatabad Police Station for the offense under Section 395 of the Indian Penal Code, and now the petitioners are seeking bail.

Arguments by Petitioner

The counsel for the petitioners argues that they are innocent and falsely implicated in the case. They have been in judicial custody since 14.03.2023. The offense they are charged with does not carry the punishment of death or imprisonment for life. The petitioners are willing to comply with any conditions imposed by the court, and they have permanent residency and immovable properties within the jurisdiction of the court. Therefore, the counsel prays for their release on bail.

Arguments by Respondent

On the other hand, the learned High Court Government Pleader, representing the respondent/state, opposes the bail petition. The prosecution contends that there is prima facie evidence connecting the petitioners to the commission of the crime. During the investigation, the petitioners did not provide satisfactory answers when interrogated, and the process of conducting an identification parade is pending. The petitioners are also allegedly involved in similar crimes registered with different police stations. The government pleader argues that if the petitioners are granted bail, they might tamper with the prosecution evidence, which could hinder the ongoing investigation.


After hearing the arguments from both sides and examining the records, the court notes that the complainant lodged the complaint alleging the incident and subsequently, the police arrested the petitioners, who are currently in judicial custody. The offense under Section 395 of the IPC is not punishable by death. The court emphasizes that bail is the general rule, and the denial of bail should be the exception. The court refers to established legal principles stating that a person is presumed innocent until proven guilty and that the grant of bail does not amount to acquittal.

Considering the objections raised by the prosecution, the court opines that imposing strict conditions on the petitioners while granting bail can address those concerns. The court finds merit in the submission that the investigation is nearly complete and that the petitioners have undertaken to abide by the conditions imposed by the court. Moreover, the court takes into account the impending marriage of the petitioner’s sister and the exercise of their franchise in the upcoming Vidhana Sabha election. Accordingly, the court allows the bail petition and grants bail to the petitioners in Crime No. 24/2023 of Ferhatabad Police Station, Kalaburagi, for the offense under Section 395 of IPC.


The court imposes the following conditions for the bail:


  1. The petitioners each shall execute a personal bond for a sum of `1,00,000/- with two sureties for like sum to the satisfaction of the jurisdictional Court;

  1. The petitioners shall not threaten or tamper the prosecution witnesses;

  1. The petitioners shall mark their attendance before the respondent’s police once in a week preferably on Sunday between 8.00 a.m. and 4.00 p.m. and sign a register to be maintained by the Station House officer to that effect;

  1. The petitioners shall not involve in similar offence;

  1. The petitioners shall appear before the Investigating Officer as and when called upon for the purpose of further investigation and co- operate for investigation;

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