Case Note & Summary
The petitioner, Ranjith A.S., filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973, seeking bail in Crime No.133/2020 registered at K.R.Pet Rural Police Station, Mandya District, for offences punishable under Sections 324 (voluntarily causing hurt by dangerous weapons), 307 (attempt to murder), and 506 (criminal intimidation) read with Section 34 (common intention) of the Indian Penal Code, 1860. The case arose from an incident on 21 May 2020 at about 6 p.m., when the complainant's wife, Shanthamma, was taking milk to the dairy and a cow belonging to accused No.1 (A1) rammed against her. When she asked A1 to tie the cow, A1 allegedly assaulted her on the back with a wooden club. When the complainant's son, Girish, intervened, accused No.3 (A3) allegedly attempted to murder him by inflicting an injury on his head. Accused No.2 (A2) and accused No.4 (A4) instigated A1 and A3. The petitioner was one of the accused. The learned District Judge had rejected the bail application in Crl.Misc.No.5037/2020. The High Court, after hearing the counsel for the petitioner and the State, observed that the allegations, even if accepted, did not prima facie establish an intention to cause death, as the injuries were not on vital parts and the weapon used was a wooden club. The court noted that the offence under Section 307 IPC requires an intent to kill, which was lacking. Consequently, the court allowed the petition and granted bail to the petitioner on certain conditions, including executing a personal bond and providing sureties, not tampering with evidence, and appearing before the court as required.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Grant of Bail - Petitioner sought bail in Crime No.133/2020 for offences under Sections 324, 307, 506 r/w 34 IPC - Allegation of assault with wooden club causing injuries - Court considered nature of injuries and lack of prima facie evidence of intention to cause death - Held that petitioner is entitled to bail as there is no prima facie case for attempt to murder (Paras 3-5).
Issue of Consideration
Whether the petitioner is entitled to bail under Section 439 of Cr.P.C. for offences under Sections 324, 307, 506 read with Section 34 of IPC.
Final Decision
The petition is allowed. The petitioner is ordered to be released on bail in Crime No.133/2020 of K.R.Pet Rural Police Station, Mandya, subject to executing a personal bond for Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the trial court. The petitioner shall not tamper with evidence or influence witnesses and shall appear before the court as required.
Law Points
- Bail
- Section 439 CrPC
- Prima facie case
- Intent to kill
- Nature of injuries
