Case Note & Summary
The petitioner, Umesha M, accused No.1 in Crime No.86/2020 registered by Yelawala Police Station, Mysuru District, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail. The offences alleged were under Sections 341, 323, 504, 307, 506 read with Section 34 of the Indian Penal Code, 1860. The case arose from an incident on 31.5.2020 during a birthday party arranged by one Deepu at his farm. The complainant alleged that the petitioner and others wrongfully restrained him, voluntarily caused hurt, used criminal force, abused him, and attempted to murder him by assaulting with a club. The petitioner was arrested and remanded to judicial custody. The learned counsel for the petitioner argued that the petitioner was innocent and falsely implicated, that the injuries were simple, and that the recovery of the weapon was from another accused. The High Court Government Pleader opposed the bail, citing the gravity of the offence. The court examined the complaint, wound certificate, and recovery mahazar. It noted that the wound certificate showed only simple injuries, and the alleged club was recovered from accused No.2, not the petitioner. The court held that there was no prima facie material to show the petitioner's involvement in the attempt to murder, and therefore, the petitioner was entitled to bail. The court allowed the petition and directed the petitioner to be released on bail upon executing a bond of Rs.1,00,000 with two sureties, and imposed conditions including not tampering with evidence and appearing before the court as required.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Prima Facie Case - The court considered whether the petitioner/accused No.1 should be granted bail in a case involving attempt to murder and other offences. The court noted that the alleged incident occurred during a birthday party and the complainant's injuries were simple in nature. The recovery of the alleged weapon was not from the petitioner but from another accused. Held that the petitioner made out a case for bail as there was no prima facie material to show his involvement in the alleged attempt to murder. (Paras 4-6) B) Indian Penal Code - Attempt to Murder - Section 307 IPC - Nature of Injuries - The court observed that the injuries sustained by the complainant were simple and not dangerous to life, as per the wound certificate. The mere allegation of an attempt to murder without corresponding serious injuries does not warrant denial of bail. Held that the gravity of the offence under Section 307 IPC must be assessed based on the nature of injuries and the weapon used. (Paras 4-6)
Issue of Consideration
Whether the petitioner/accused No.1 is entitled to be enlarged on bail in Crime No.86/2020 for offences under Sections 341, 323, 504, 307, 506 read with 34 IPC.
Final Decision
The petition is allowed. The petitioner/accused No.1 shall be enlarged on bail on executing a bond of Rs.1,00,000 with two sureties. Conditions include not tampering with evidence, appearing before the court, and not committing similar offences.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Recovery of weapon
- Nature of injuries
- Section 307 IPC
