CRL.P/14368/2024 of ABHI @ JAGADHISH Vs STATE BY on 31 December 2024

ORAL ORDER

Learned High Court Government Pleader accepts notice for respondent-State.

2. The petitioners-accused Nos.11, 13, 18, 23, 24, 22 and 25 who are facing investigation for the offences punishable under Sections 189(2), 189(4), 126(2), 352, 109(1), 118(1), 115(2) and 351(2) r/w Section 190 of BNSS, 2023 are before this Court seeking to enlarge them on bail.

3. Heard the learned counsel for petitioners-accused and learned HCGP.

4. The case of the prosecution that on 03.12.2024 at about 4.00 p.m, when the respondent Nos.2 and 3 - injured

victims, were walking near Sanjeevini school, Chikkamagaluru city, one Manu, Saif Ali Khan and Mallikarjuna were spotted having suffered bleeding injuries on their person. On seeing them, the respondent Nos.2 and 3 asked them about the same. At that time, the said persons told them that there was galata between them and bar people with respect to the payment of the bill yesterday. Therefore, today when they were near Salumaradamma temple, people from the bar came and assaulted them with Katti, rod and clubs.

5. Subsequently, the respondent Nos.2 and 3 took them to M.G Hospital, Chikkamagaluru for treatment in a vehicle. Further at about 5.15 p.m, when the respondent Nos.2 and 3 were passing through the Ganapathi temple road, Kalyananagara, Chikkamagaluru city, at that time, Naga, Suresh, Yashavantha, Dilip, Jim Sharu, Jim Pradeepa, Chatri Kumara, Bharath, Abhi @ Bhukampa, Kulla Raki, Baddi Raki, Baddi Raju, Theja, Darshan @ Hali, Mohan, Ramesha, Devu, Bharatha @ Bathu, Dilipa @ Chotu, Chave and others came on motorcycles carrying rods, clubs and surrounded and abused them in filthy language. One Baddi Raki assaulted respondent No.2 on the head, due to which the respondent No.2 sustained bleeding injury on his middle of the head. Thereafter Naga @ Thale Mullu punched on the forehead of the respondent No.2. Other persons assaulted the respondent No.2 with clubs on his person in order to do away his life.

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Chathri Kumara assaulted on the head of respondent No.3 with Katti. Dilip assaulted him with rod on his right side forehead. Due to the same, the respondent Nos.2 and 3 fell down and at that time, all the said persons kicked them with legs and due to the same, the respondent Nos.2 and 3 shouted loudly and on hearing the same, one Shreyas, Suhas, Dhanu and Kiran came to the place of incident and pacified the scuffle. All the persons threatened the respondent Nos.2 and 3 to do away their lives in future and thereby they went in their motorcycles. Thereafter Shreya, Suhas, Dhanu and Kiran took the respondent Nos.2 and 3 to the District Hospital, Chikkamagaluru for treatment.

6. The petitioners-accused were in judicial custody since 04.12.2024 and statement of the victims have been recorded under Section 183 of BNSS, 2023. The specific allegation of assault is against accused Nos.1 to 3 and not against the petitioners herein. The only allegation against the petitioners herein is that they are the members of unlawful assembly.

7. In the light of the above, the petitioners established a prima facie case for enlarging them on bail. Accordingly, petitions are allowed.

8. The petitioners-accused herein are enlarged on bailin Crime No.0209/2024 registered by the Chikkamagaluru

Town Police, Chikkamagaluru on the file of Prl. Civil Judge(Sr.Dn.) and CJM Court at Chikkamaluru, subject to the following conditions:

(i) The petitioners-accused each shall furnish bond for a sum of Rs.50,000/- (Rupees one lakh only);

(ii) They shall co-operate with the Investigating Officer for the purpose of investigation;

(iii) They shall not threaten the prosecution witnesses or lure in any manner;

(iv) They shall not leave the territorial limits without prior permission of the Investigating Officer;

(v) They shall not tamper with the prosecution evidence directly or indirectly.

Sd/- (HEMANT CHANDANGOUDAR) JUDGE