YANKAYYA Vs. STATE THROUGH GURUMITKAL P.S.

JUDGEMENT

(1.) THIS Criminal Petition is filed under Section 439 of Cr.P.C. by the counsel for the petitioners praying to release the accused/petitioners on bail in Crime No.47/2012 of Gurumitkal Police Station, Yadgir, which is registered for the offences punishable under Sections 143, 147, 148, 447, 326, 307, 504, 506 read with Section 149 of Indian Penal Code.

(2.) I have heard the learned counsel for the petitioners as well as learned Additional State Public Prosecutor for respondent ­ State.

(3.) IN this case, the investigation is completed and charge sheet has been filed. The main allegation made against petitioner No.1 is that he assaulted the complainant ­ Prakash on his back. The wound certificate found in the charge sheet discloses that Prakash has sustained simple injuries. Petitioner is in judicial custody. It is well settled law that pre-trial detention is bad in law. The overt-act attributed against petitioner No.1 is that he assaulted the complainant ­ Prakash by means of a club. Consequently, he sustained simple injuries. The other accused i.e., accused No.4 has already been enlarged on bail vide order in Criminal Petition No.15774/2012 on 03.09.2012. Taking in to consideration that petitioner No.1 has assaulted the injured by means of a club, as a result of which he sustained simple injuries. Acts and omissions committed by petitioner No.1 will not attract the punishment of death or imprisonment for life. Therefore, considering the facts and circumstances of the case, I am of the opinion that this is a fit case to grant bail at this stage.