Case Note & Summary
The petitioner, Appu @ Ashoka, accused No.2, filed a criminal petition under Section 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking regular bail in connection with Crime No.107/2019 of Hennur Police Station, which was registered for offences punishable under Sections 302, 326, 341, 504, 506, 323 read with 34 of the Indian Penal Code, 1860 (IPC). The case arose from an incident on 20.04.2019 where the complainant's son, John Rakesh, was assaulted at a bar. According to the complaint, the deceased was doing plumbing work when accused Nos.1, 3, and 4 were drinking at the bar. Accused No.1 spat on the deceased, leading to a quarrel. Accused No.1 then summoned accused Nos.2 to 5, and accused No.2 (the petitioner) allegedly assaulted the deceased with a beer bottle on the head, causing him to fall unconscious. The petitioner had been in judicial custody since his arrest. The learned counsel for the petitioner argued that the petitioner had been falsely implicated and that there was no prima facie case against him, as the alleged assault was by accused No.2 alone and there was no common intention. The learned High Court Government Pleader (HCGP) opposed the bail, citing the seriousness of the offences. The court, after hearing both sides and perusing the records, noted that the petitioner was accused No.2 and that the specific overt act attributed to him was hitting the deceased with a beer bottle. However, the court observed that there was no prima facie material to show that the petitioner shared common intention with the other accused. The court also considered that the petitioner had been in custody for a considerable period and that custodial interrogation was not required. Consequently, the court allowed the petition and granted bail to the petitioner subject to conditions, including furnishing a bond of Rs.1,00,000 with two sureties, appearing before the court regularly, not tampering with evidence, and not leaving the jurisdiction without permission.
Headnote
A) Criminal Procedure Code - Bail - Section 439 CrPC - Regular Bail - Accused No.2 sought bail in a murder case where he allegedly assaulted the deceased with a beer bottle on the head - Court considered the role of the accused, lack of prima facie evidence of common intention, and that custodial interrogation was not required - Held that the accused is entitled to bail subject to conditions (Paras 4-5).
Issue of Consideration
Whether the petitioner/accused No.2 is entitled to regular bail under Section 439 of Cr.P.C. in a case involving offences under Sections 302, 326, 341, 504, 506, 323 read with 34 of IPC.
Final Decision
The petition is allowed. The petitioner/accused No.2 is ordered to be enlarged on bail in Crime No.107/2019 (S.C.No.1286/2019) of Hennur Police Station, subject to conditions: (i) furnishing a bond of Rs.1,00,000 with two sureties; (ii) appearing before the court regularly; (iii) not tampering with evidence; (iv) not leaving the jurisdiction without permission.
Law Points
- Bail under Section 439 CrPC
- Prima facie case
- Common intention under Section 34 IPC
- Role of accused in assault
- Custodial interrogation not required
