1. The petitioners – accused Nos. 1 to 4 have filed this petition under Section 438 of Cr.P.C seeking anticipatory bail in the event of their arrest in Crime No.351/2022 of Chitradurga Rural Police Station registered for the offences punishable under Sections 143, 147, 323, 324, 354, 506, 341, 504 read with Section 149 of Indian Penal Code, 1860 (for short ‘IPC’).
2. Heard learned counsel for the petitioners and learned HCGP for respondent–State. Perused the records.
3. The allegations of the prosecution disclose that on 02.08.2022 at about 5.30 p.m, the son of the complainant while returning to his house after attending the agricultural work, two persons were found standing in the middle of the road in Harijana Colony and they assaulted the son of the complainant. It is also alleged that later on he returned to his house and narrated the incident to his mother and in the meanwhile, all the petitioners came there and assaulted herself and her son by hands and club and also outraged her modesty. It is further alleged that during the course of the incident, she was also abused and threatened and as such, the complaint came to be lodged.
4. The allegation of the prosecution discloses that, the major offence alleged is under Section 354 of IPC and at the same time, it is also evident from the records that petitioner No.1 has also filed the complaint against the complainant and others in Cr.No.350/2022 for the offences punishable under Sections 143, 144, 147, 148, 323, 324, 341, 354, 504, 506, 295- A read with Section 149 of IPC and under Sections 3(1)(r)(s)(t), 3(2)(v-a) of SC/ST (POA) Act. Hence, primafacie it is evident that there was a case and counter case. The offences alleged against the present petitioners are not exclusively punishable with death or life imprisonment and are triable by the learned Magistrate.
5. The main contention of learned HCGP is that recovery of the wooden club used for assaulting is required to be made from the custody of the petitioner. However, on that ground the bail petition cannot be rejected. Under these facts and circumstances, I do not find any impediment for admitting the petitioners on anticipatory bail. The other apprehensions raised by the learned HCGP can be meted out by imposing certain conditions. Hence, this petition needs to be allowed and accordingly, I pass the following;
ORDER
The petition is allowed. The petitioners/ accused Nos. 1 to 4 are directed to be enlarged on bail in the event of their arrest in Crime No.351/2022 of Chitradurga Rural Police Station, registered for the offences punishable under Sections 143, 147, 323, 324, 354, 506, 341, 504 read with Section 149 of IPC, pending on the file of the I Additional Civil Judge (Jr.Dn.) and JMFC Court, Chitradurga, on each of them executing personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety for the like-sum to the satisfaction of the Investigating Officer or the concerned trial Court, subject to the following conditions:-
i) Petitioners shall surrender themselves before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order and in the event of surrender, Investigating Officer/SHO shall release them on bail as directed.
ii) Investigating Officer is at liberty to take custody of any of the petitioners for the purpose of effecting the recovery with the leave of the concerned Court.
iii) Petitioners shall not directly or indirectly tamper with any of the prosecution witnesses.
iv) They shall not indulge in any similar offences.
v) They shall make themselves available to the Investigating Officer for interrogation whenever called for during course of investigation.
vi) They shall mark their attendance before the Investigating Officer/SHO between 9.00 a.m. and 5.00 p.m. on every second Saturday of the month until final report is submitted.
vii) They shall not leave the jurisdiction of the Court without prior permission.
