PRADEEP Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS petition is filed by petitioner -accused under Section 438 of Cr. P.C. seeking anticipatory bail to direct the respondent -police to release the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 308, 324, 341, 504, 506 of IPC registered in respondent -police station Crime No. 1/2013.

(2.) HEARD the arguments of the learned counsel appearing for the petitioner -accused and also the learned Government Pleader for the respondent -State.

(3.) LEARNED counsel for the petitioner has produced the injury certificate. The Doctor who has examined the complainant noticed three injuries, but it is mentioned that all the injuries are simple in nature. Looking to the injury certificate, the alleged history of assault is stated by unknown person at around 2.00 a.m. on 1.1.2013, but whereas, as per the complaint averments, the incident is said to have taken place on 31.1.2012 at 11.30 p.m. Therefore, prima facie the contents of the injury certificate falsifies the allegations made in the complaint. The petitioner has contended that he is innocent and is not involved in the commission of the alleged offence and he has been falsely implicated in the case and that he is ready to abide by any reasonable conditions to be imposed by the Court. All the offences alleged are not exclusively punishable with death or imprisonment for life. Therefore, by imposing reasonable conditions, petitioner can be granted with anticipatory bail.