VENKATESHAIAH Vs. STATE

JUDGEMENT

(1.) THE petitioner is said to be accused No. 1 in a pending case initiated in the following back ground. It is stated that the complainant was walking along his land and one Venkateshaiah and others had teased the son of the complainant and they had used foul language. Thereby a quarrel had broken out, as a result, the complainant was also said to have been attacked' with a stick on his head. When others had tried to intervene, they we're also assaulted and beaten up by accused Nos. 2 and 7. On these allegations, a case has been registered against the petitioner for the offences punishable under Sections 143, 147, 148, 149, 307, 323, 324, 504, 506 read with Section 149 of the Indian Penal Code, 1860. It is thereafter that further proceedings having been taken, the petitioner and others had approached the Court below seeking bail, the same has been rejected on the ground that the matter was under investigation and since the allegations are of a serious nature, the petitioner cannot be granted bail.

(2.) IT is now pointed out by the learned counsel for the petitioner that according to the medical certificate that has been issued in respect of the alleged injuries caused, they are very simple injuries and therefore, could not lend gravity to the allegations against the petitioner. Insofar as the overt act attributed to the petitioner herein is to the effect that he had used a club to cause injury on the left rib of the complainant, where as the medical certificate does not indicate any such injury. Therefore, he seeks enlargement of the petitioner on bail.

(3.) HOWEVER , even in the circumstances of the case, there was allegedly a quarrel between two groups in the village and having regard to the minor injuries that has resulted. The petitioner is held entitled to be enlarged on bail. Though serious offences are sought to be alleged, the allegations would have to be established at the trial.