RATHNESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to the proceedings in Crime No.5/2019 for the offences punishable under Sections 341, 323, 324, 504, 506, 307 read with Section 149 of IPC.

(2.) The case of the prosecution is that on 05.01.2019, the complainant along with his friend were returning to Permude and at about 2.00 a.m. the car toppled down and there was an accident. At that point of time, when the complainant was standing near the car it is alleged that the petitioner came and enquired about the incident and took the photographs of the car. It is alleged that the petitioner wanted to upload the same in face book which was objected to by the complainant. It is alleged that accused No.4 has assaulted the complainant and the complainant suffered the injuries. On the basis of the said allegations, the complaint was filed. Pursuant to the same, FIR is lodged and investigation is in progress.

(3.) Learned counsel for the petitioner points out that prima facie, even as per the version as made out in the complaint, assault with club is imputed as against accused No.4 and the petitioner is alleged to have assaulted the complainant with his hands. It is stated that the first version is as made out in the complaint. Looking into the nature of injuries as made out, which are not grievous and it is stated that injuries could have also been due to the road traffic accident as referred to in the discharge summary, and noticing that the proof of offence is a matter for trial, that other accused are enlarged on regular and anticipatory bail, a case is made out for enlarging the petitioner on bail.