RAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner arrayed as accused No.2 has filed this petition under Sec. 439 of Cr.P.C., to grant him bail in Crime No.2/2023 registered by the Shahabad Town Police Station for the offences punishable under Ss. 143, 147, 148, 323, 324, 326, 307, 504, 506 read with Sec. 149 of IPC.

(2.) Brief and relevant facts as set out in the FIR are as under: A complaint came to be filed by one Sri Manik Naduvinakeri alleging that on 1/1/2023 at about 9:45 p.m., when complainant's son Shreshail went outside the house to bring grocery, at about 10:15 p.m., a relative of the complainant by name Vijaykumar Doddamani informed the complainant over mobile phone that at about 10:00 p.m., when Shreshail was returning to his house at that point of time near Water Tank all the accused persons stated in the complaint, because of previous animosity, wrongfully restrained Shreshail and picked up quarrel with him. It is alleged that accused No.1 abused Shreshail in filthy language and assaulted him with stick; accused No.2 gave fist-blow on the mouth of Shreshail. On getting such information, complainant and his wife along with their children went to the said spot. Accused No.1 abused them in filthy language. It is alleged that complainant's another son Mallikarjun tried to pacify the quarrel, but accused No.2 assaulted him with the bat on his back and on his left leg causing grievous injuries. When another son of the complainant tried to pacify the quarrel, accused No.3 assaulted him with stick and caused internal injury. Even Basalingamma wife of the complainant tried to pacify the quarrel, but accused No.4, 5 and 6 pulled her hair and assaulted her with hands. On hearing the hue and cry of the victims, the neighbors gathered there and the accused ran away from the spot by giving life threat. With these allegations a complaint came to be filed and the petitioner was arrested by the responded-police. Since the bail petition of the petitioner was rejected by the Sessions Court, he is before this Court seeking bail on the following grounds: That he is innocent and not committed any offence and a false case has been registered against him because of animosity against the complainant. The other accused were already granted bail by the Sessions Judge. Victim is already discharged from the hospital. Since from 5/1/2023 petitioner-accused No.2 is in judicial custody. Petitioner is ready to abide by any conditions to be imposed by this Court. He is permanent resident of the address stated in the petition. Amongst other grounds, it is prayed to grant him bail.

(3.) Pursuant to the notice issued to the respondent, learned HCGP appeared and resisted the bail petition by filing a detailed objections statement. In the objections statement, the contents of the complaint have been re- iterated. In addition to that, it is specifically contended that this petitioner is involved in all 15 cases and he is a habitual offender. There are overt-acts being complained against the petitioner. There was a life threat to Shreshail and attempted to cause his murder. It is contended by the learned HCGP that since the petitioner is a habitual offender, as a matter of right he is not entitled for bail. He submits that investigation has been completed and charge-sheet has already been filed. If the petitioner is enlarged on bail, he may repeat the similar offences. Hence, he prayed to dismiss the petition.