H.P. Sandesh, J
1. Heard the petitioner’s counsel and also the learned HCGP for respondent-State.
2. The factual matrix of the case of the prosecution is that there was a civil dispute between the parties and court also passed an order to provide
accommodation to his grand father and on 13/6/2022, the grand father came along with Mohammad Shuheb and his wife to the house of complainant
at about 1.00 p.m. when complainant was sitting on sofa, Mohammad Shuheb with an intention to take away the life of the complainant, he brought
iron rod on his hand and abused in filthy language, when he questioned why he is abusing suddenly, Mohammad Shuheb assaulted the complainant
with the said iron rod on his head, stomach, on his back, chest and left hand and also to right leg as a result he sustained injuries and the said incident
was pacified by the complainant’s mother and injured was taken to hospital.
3. Petitioner’s counsel submits that case and counter case was registered in crime Nos. 45 and 46 of 2022, though prosecution claims that still
injured is taking treatment, however, no materials are produced before this Court except the statement of the hospital that he is taking treatment. He
further submits that injured is discharged from the hospital and there are no documents to show that still he is taking treatment and hence, he sought
for allowing the petition.
4. Per contra, learned HCGP would submit that petitioner committed the offense with iron rod, with an intention to take away the life of the
complainant and with iron rod he inflicted injuries to the complainant. He would also submit that he has given instruction to place inpatient records and
except statement of hospital no material has been produced by the investigating officer.
5. Having heard the argument of the petitioner’s counsel and the learned HCGP and also perused of the material on record would indicate that
there was a dispute between the parties and civil suit is also pending in this regard. Perusal of the complaint would disclose that direction was given by
the Court to provide accommodation to the grand father and in this regard, case and counter case are also registered in Crime Nos.45 and 46 of 2022.
No doubt offences invoked in this crime are under Sections 504, 323, 324, 506, 307 of IPC and in another case complaint came to be registered by the
petitioner for offences punishable under Sections 323, 354, 506 of IPC. In order to substantiate that still he is taking treatment as an inpatient, he has
not produced any material before this Court in spite of opportunity given to the State and when such being the circumstance and also taking note that
there was a civil dispute between the parties and also case and counter case are registered, it is a fit case to grant bail to the petitioner.
6. In view of the discussions made above, I pass the following:
ORDER
The petition is allowed. Consequently, the petitioner/accused No.1 shall be released on bail in connection with Crime No. 45/2022 of Arehalli Police
Station, registered for the offences punishable under Sections 504, 323, 324, 506, 307 of IPC, subject to the following conditions:
(i) The petitioner/accused No.1 shall execute his personal bond for a sum of Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like-sum
to the satisfaction of the jurisdictional Court.
(ii) The petitioner/accused No.1 shall not indulge in tampering the prosecution witnesses.
(iii) The petitioner/accused No.1 shall appear before the jurisdictional Court on all the future hearing dates, unless exempted by the Court for any
genuine cause.
(iv) The petitioner/accused No.1 shall not leave the jurisdiction of the Trial Court without prior permission of the Court till the case registered against
him is disposed of.
(v) He shall mark his attendance before the jurisdictional Police once in a month on every first of the month between 10.00 a.m. and 5.00 p.m. till the
charge-sheet is filed.
