Case Note & Summary
The petitioners, three individuals, filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking anticipatory bail in Crime No.87/2020 registered at Puttenahalli Police Station, Bengaluru, for offences punishable under Sections 341 (wrongful restraint), 354 (assault or criminal force to woman with intent to outrage her modesty), 324 (voluntarily causing hurt by dangerous weapons), 307 (attempt to murder), 504 (intentional insult with intent to provoke breach of the peace), 506 (criminal intimidation) read with Section 34 (common intention) of the Indian Penal Code, 1860 (IPC). The incident allegedly occurred on 19.05.2020 between 4.30 p.m. and 5.00 p.m. in front of site No.133, 38th Main, Rose Garden, Jaraganahalli, J.P.Nagar, 6th Phase, Bengaluru. The complaint was lodged on the same day at 9.25 p.m. The petitioners, represented by counsel Sri K.N. Narayanaswami, argued that they were innocent and that the allegations were false. The respondent-State, represented by HCGP Sri K. Nageshwarappa, opposed the bail application. The court, after perusing the FIR, observed that the allegations did not prima facie establish an intention to cause death or a grave assault warranting denial of bail. The court noted that the nature of injuries and the circumstances did not clearly indicate an attempt to murder. Consequently, the court allowed the petition and granted anticipatory bail to the petitioners, subject to conditions including executing a personal bond of Rs.1,00,000/- with one surety, cooperating with investigation, appearing before the police as required, not tampering with evidence, and not leaving the jurisdiction without court permission.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Prima Facie Case - The court considered the application for anticipatory bail in a case involving offences under Sections 341, 354, 324, 307, 504, 506 r/w 34 IPC. The court examined the FIR and the nature of allegations to determine if a prima facie case for grave offences like attempt to murder was made out. Held that the allegations did not clearly indicate an intention to cause death or sufficient evidence of a serious assault, thus granting anticipatory bail (Paras 3-5).
Issue of Consideration
Whether the petitioners are entitled to anticipatory bail under Section 438 of Cr.P.C. for offences including attempt to murder under Section 307 IPC.
Final Decision
The petition is allowed. The petitioners are ordered to be released on bail in the event of their arrest in Crime No.87/2020 of Puttenahalli Police Station, subject to executing a personal bond of Rs.1,00,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer. The petitioners shall cooperate with the investigation, appear before the police as and when required, not tamper with evidence, and not leave the jurisdiction of the court without prior permission.
Law Points
- Anticipatory bail
- Section 438 CrPC
- Prima facie case
- Attempt to murder
- Section 307 IPC
- Nature of injuries
- Discretion of court
