Case Note & Summary
The petitioners, six individuals accused in Crime No.86/2020 registered by Sriramgapattana Rural Police, Mandya, filed a petition under Section 438 Cr.P.C. seeking anticipatory bail. The offences alleged include unlawful assembly (Section 143), rioting (Sections 147, 148), house trespass (Section 448), voluntarily causing hurt (Section 323), grievous hurt by dangerous weapons (Section 326), intentional insult (Section 504), criminal intimidation (Section 506), and abetment (Section 114) read with common object (Section 149) of the Indian Penal Code. The complainant alleged that on the day of the incident, at about 11:30 a.m., there was an altercation regarding the removal of a coconut that had fallen from a tree on the complainant's relative's plot. The female relative of the complainant had an argument with accused Nos.4 and 5. Later, at 5:30 p.m., another altercation led to an assault by the petitioners, who allegedly used an axe, wooden sticks, and their hands and feet. The court heard the learned counsel for the petitioners and the High Court Government Pleader. The court noted that the weapon of offence, an axe, had already been seized by the police. The court observed that custodial interrogation of the petitioners may not be necessary for the recovery of the weapon, as it was already recovered. The court also noted that the petitioners are permanent residents of Bettahalli Village, Kasaba Hobli, Pandavaura Taluk, Mandya, and are willing to cooperate with the investigation. The court held that the petitioners are entitled to anticipatory bail, subject to conditions including executing a personal bond of Rs.1,00,000 each with one surety, appearing before the investigating officer as required, not tampering with evidence, and not leaving the jurisdiction without prior permission. The petition was allowed.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 Cr.P.C. - Prima Facie Case - Petitioners sought anticipatory bail in a case involving assault with axe and wooden stick - Court granted bail considering that custodial interrogation may not be necessary for recovery of weapon as it is already seized - Held that petitioners are entitled to anticipatory bail subject to conditions (Paras 4-5).
Issue of Consideration
Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C. in Crime No.86/2020 for offences under Sections 143, 147, 148, 448, 323, 326, 504, 506, 114 read with 149 IPC.
Final Decision
The petition is allowed. The petitioners are ordered to be enlarged on anticipatory bail in the event of their arrest in Crime No.86/2020, subject to executing a personal bond of Rs.1,00,000 each with one surety, appearing before the investigating officer as required, not tampering with evidence, and not leaving the jurisdiction without prior permission.
Law Points
- Anticipatory bail
- Section 438 Cr.P.C.
- Prima facie case
- Custodial interrogation
- Recovery of weapon
- Cooperation with investigation
