Case Note & Summary
The petitioner, Narasimhamurthy L.V., filed a criminal petition under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail in Crime No.83/2020 registered at Hebbur Police Station, Tumakuru, for the offence punishable under Section 307 of the Indian Penal Code, 1860 (IPC). The case arose from a complaint alleging that on 31.5.2020, the complainant and his friend were returning on a motorcycle when the petitioner, armed with a chopper, attempted to assault the complainant on the neck. The complainant escaped, sustaining an injury on the shoulder. The petitioner apprehended arrest and approached the High Court. The court heard the petitioner's counsel and the State's representative. The court noted that the injury was on the shoulder, not the neck, and the complainant managed to escape, indicating lack of intention to cause death. The court also considered that the petitioner was an agriculturist and that custodial interrogation was not necessary. The court granted anticipatory bail subject to conditions, including executing a personal bond of Rs.1,00,000 with two sureties, appearing before the police as required, and not tampering with evidence.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Offence under Section 307 IPC - The petitioner sought anticipatory bail apprehending arrest in Crime No.83/2020 for attempt to murder. The court considered the nature of injury (on shoulder, not neck) and the fact that the complainant escaped further assault. Held that the petitioner made out a case for anticipatory bail, as the injury did not indicate intention to cause death. (Paras 2-4)
Issue of Consideration
Whether the petitioner is entitled to anticipatory bail under Section 438 of CrPC for the offence under Section 307 of IPC, considering the nature of the injury and the allegations.
Final Decision
The court allowed the petition and granted anticipatory bail to the petitioner subject to conditions: executing a personal bond of Rs.1,00,000 with two sureties, appearing before the Investigating Officer as required, and not tampering with evidence or influencing witnesses.
Law Points
- Anticipatory bail
- Section 438 CrPC
- Section 307 IPC
- attempt to murder
- intention to kill
- nature of injury
- custodial interrogation
Case Details
2020 LawText (KAR) (07) 236
Criminal Petition No.3083/2020
Sri Megalamane Prabhu (for petitioner), Sri M.Divakar Maddur (HCGP for respondent)
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Nature of Litigation
Criminal petition for anticipatory bail under Section 438 CrPC
Remedy Sought
Petitioner sought anticipatory bail in the event of his arrest in Crime No.83/2020
Filing Reason
Petitioner apprehended arrest by Hebbur Police Station for offence under Section 307 IPC
Issues
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC for the offence under Section 307 IPC
Submissions/Arguments
Petitioner's counsel argued that the injury was on the shoulder, not the neck, and the complainant escaped, indicating no intention to cause death.
State opposed bail citing seriousness of the offence under Section 307 IPC.
Ratio Decidendi
The nature of injury (on shoulder, not neck) and the fact that the complainant escaped further assault indicate lack of intention to cause death, making it a fit case for anticipatory bail under Section 438 CrPC.
Judgment Excerpts
The accused is under apprehension of the respondent-police. Therefore, he has filed this petition seeking anticipatory bail in Crime No.83/2020 for the offences punishable under Section 307 of Indian Penal Code, in the event of his arrest, by urging various grounds.
It is stated in the complaint that on 31.5.2020 the complainant had visited the house of his sister along with his friend Hanumantharaju at around 5.30 p.m. While they were returning to Lakkenahalli from Nagavalli village in the motor cycle bearing Registration No.KA.06 EQ.2339 of Honda Shine near the land of one Venkatesh, at the relevant point of time the petitioner said to be arraigned as an accused came there along with deadly weapon chopper and tried to assault him near the neck. But the injured complainant was escaped from the hit made by the accused. As a result of the same, the complainant has sustained injury on the shoulder and he went away from the spot.
Procedural History
The petitioner filed Criminal Petition No.3083/2020 under Section 438 CrPC before the High Court of Karnataka at Bengaluru seeking anticipatory bail in Crime No.83/2020 of Hebbur Police Station. The court heard the matter on 9th July 2020 and passed the order granting bail.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 438
- Indian Penal Code, 1860 (IPC): 307
