Case Note & Summary
The petitioners, Sharath @ Sharath Kumar, Santhosh Shetty, Mahesh Shetty, and Shashank, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in Crime No.53/2020 registered by Balehonnur Police Station, Chikkamagaluru District, for offences punishable under Sections 143, 144, 147, 148, 504, 506, 323, 326 read with 149 of the Indian Penal Code, 1860 (IPC). The FIR was lodged by one Naveen. The allegations in the complaint stated that on 24.05.2020 at about 9.45 p.m., the complainant's friends Asif and Munaf brought food to his house on the occasion of Ramzan festival. The complainant's father asked for liquor, and upon Asif's request, Madhu and Annappa brought liquor. Annappa allegedly abused Asif. Later, at about 10.00 p.m., when the complainant went to a shop to buy cigarettes, Sharath and Annappa came and abused him. The petitioners were accused Nos.1, 3, 4, 10 and others. The court heard the learned counsel for the petitioners and the learned High Court Government Pleader. The court observed that the medical report did not indicate any grievous injury and the dispute appeared to be civil in nature. The court held that custodial interrogation of the petitioners was not necessary and granted anticipatory bail subject to conditions including executing a personal bond of Rs.1,00,000/- with one surety, appearing before the Investigating Officer as required, not tampering with evidence, and not leaving the jurisdiction without 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 allegations of unlawful assembly and causing grievous hurt - Court held that the medical report did not disclose any grievous injury and the dispute appeared to be civil in nature - Held that custodial interrogation was not necessary and bail was granted subject to conditions (Paras 1-4).
Issue of Consideration
Whether the petitioners are entitled to anticipatory bail under Section 438 Cr.P.C. in connection with Crime No.53/2020 for offences under Sections 143, 144, 147, 148, 504, 506, 323, 326 read with 149 IPC.
Final Decision
The petition is allowed. The petitioners are directed to be released on bail in the event of arrest in Crime No.53/2020 on executing a personal bond of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer. They shall appear before the Investigating Officer as and when required, shall not tamper with evidence, and shall not leave the jurisdiction without prior permission.
Law Points
- Anticipatory bail
- Section 438 Cr.P.C.
- Prima facie case
- Grievous hurt
- Section 326 IPC
- Civil dispute
- Unlawful assembly
