Bar & Bench (www.barandbench.

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IN THE COURT OF THE LXII ADDL.CITY CIVIL &

SESSIONS JUDGE (CCH-63), BENGALURU.

Dated this the 2nd day of March, 2018.

Present :
Sri.Parameshwara Prasanna.B.,
B.A.,LL.B.
LXII Addl.City Civil & Sessions Judge,
Bengaluru.

Criminal Miscellaneous No.1454 of 2018

PETITIONER : Mohammed Nalpad Haris (A.1)

Aged about 28 years,
S/o N.A.Haris,
Residing at No.23,
Magrath Road, Ashok Nagara,
Bengaluru.
Now Accused No.1 is in J.C.

(By Sri.Usman.P, Mr.Tomy Sabastin,

Advocates)
/VS/

RESPONDENT : State by
SHO of Cubbon Park Police Station,
Represented by Public prosecutor,
(Subsequently represented by Special Public
Prosecutor, Mr. M.S Shyamsundar, Advocate)

ORDER

The present bail petition has been filed on behalf of petitioner

under Section 439 of Cr.P.C by seeking bail in Crime No.22/ 2018 of

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2 Crl.Misc.No.1454/2018

Cubbon Park Police Station, Bengaluru for the offences punishable

under Sections 141, 143, 146, 326, 341, 504, 506(B) and Sec 307 r/w

section 149 of Indian Penal Code on the file of learned 8th Addl.Chief

Metropolitan Magistrate, Bengaluru City.

2. FIR registered in Crime No.22/2018 of Cubbon Park Police

Station for the offences punishable under sections 504, 341, 143, 146,

326, 149, 141, 506(B) of IPC, on the basis of 1st information lodged by

1st informant Mr.Praveen Venkatachalaiah, S/o Venkatachalaiah.

2(a): In the complaint, it is alleged that on the night of

17.02.2018 1st informant met his friend victim – Mr.Vidvat.L who had

fractured his leg 4 weeks ago and they went for dinner to Farzi Café, a

Bar and Restaurant in U.B.City, Bengaluru. When the first informant

and victim having their dinner in at Farzi Café a verbal altercation

broken out between petitioner and victim around 10.00 p.m. Soon

after 10-15 supporters of the petitioner hit Vidvat mercilessly on his

face, head, chest and broke his nose. They hit him with bottles and

they rained punch on him with fist containing rings. The victim fell

down unconscious. The people at Farzi Café did not come to rescue

the victim. The assailants forced victim to apologies with the

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3 Crl.Misc.No.1454/2018

petitioner, as he was the son of local M.L.A. In spite of request by the

victim and first informant, they did not stop hitting Vidvat. Later the

1st informant shifted Vidvat.L to Mallya hospital and he was taken to

intensive care unit. Thereafter 10-15 assailants came to the hospital

and they again threatened and abused Vidvat.L. Since Vidvat was

unconscious and not in a position to file a complaint, hence according

to the informant, he was constrained to lodge 1st information.

On filing of complaint, the investigation was set in and after

recording of further statement of complainant, Section 307 of IPC has

been inserted against the petitioner and other co-accused.

3. In the Bail petition, it is contended that, the petitioner is

innocent and he has not committed alleged offences. The entire

averments made in the complaint even if accepted to be true, it does

not make out any prima-facie of the offences alleged against the

petitioner. No overt-act has been attributed to the petitioner in the

complaint so as to attract Sections 307 and 326 of IPC by any stretch

of imagination. The petitioner has valid and reasonable defence in

support of his innocence.

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4 Crl.Misc.No.1454/2018

3(a) : The petitioner is the son of Mr.N.A.Harris, MLA of

Shanthinagara Assembly Constituency and the criminal case against

the petitioner has been registered in order to tarnish the image of his

father in the eye of the public, so as to gain political mileage for the

rival candidates from other political parties and it is evident that the

local leaders of other political parties had taken lead in agitating

against the MLA and as such the whole incident is highly politicized and

unnecessary hype has been given by the electronic and print media in

order to tarnish image of father of the petitioner. The entire

allegations in the complaint are false, baseless and politically

motivated.

3(b) : The offences alleged against the petitioner are not

exclusively punishable with death or imprisonment for life. After

lodging of the FIR, the petitioner surrendered himself before the Police

and subsequently the police inserted an additional section punishable

under Section 307 of IPC in order to harass and humiliate the

petitioner on account of pressure exerted by external forces. The

material on record does not disclose the ingredients of offence

punishable under Section 307 of IPC. No motive or any voluntary act

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5 Crl.Misc.No.1454/2018

substituting such motive is made out either in the complaint or in any

other documents.

3(c) : The petitioner has no previous antecedents. If the

petitioner is enlarged on bail, he will not abscond or flee from justice

and he is ready and willing to abide by any reasonable conditions that

may be imposed against him in the event of admitting him on bail.

The petitioner is permanent resident of address shown in the cause

title of the bail petition and he has got deep roots in the Society and

he is ready and willing to offer sufficient surety to ensure his regular

attendance before the concerned Court. The petitioner hails from a

respectable family and law abiding family having good reputation in

the Society. The act of arrest and detention of the petitioner on false

charges has dented the reputation of the petitioner in the Society and

if the petitioner is not granted with bail, he will suffer great hardship

and irreparable damage. Inter-alia on these grounds, the petitioner

prays for allowing of bail petition.

4. On the other hand, the learned regular Public Prosecutor

has resisted the said bail petition by filing objections along with copies

of CD, wherein it is contended that the investigation so far as

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6 Crl.Misc.No.1454/2018

conducted by I.O shows that petitioner along with other accused has

committed the offences punishable under Sections 141, 143, 144,

146, 147, 341, 326, 504, 506(B) and 307 r/w Sec 149 of IPC. The

victim – Vidvat.L, is presently under the treatment at Mallya hospital

and he is not in a position to give the statement in view of serious

injuries sustained by him. The petitioner is highly influential. Among

the offences alleged against the petitioner, the offence alleged U/s.307

of IPC is punishable with life imprisonment. The investigation is at

preliminary stage. The I.O has to collect further more evidence. If at

this stage, the petitioner is granted with bail, he may abscond or he

may commit similar kind of offences. He may threaten the victim or he

may destroy the prosecution evidence. Inter-alia on these grounds,

the learned Public Prosecutor prays for rejecting of bail petition.

5. Subsequent to filing of objection by the regular Public

Prosecutor, Mr.M.S.Shyamsundar, Advocate along with memo has

produced the notarized copy of Notification of Karnataka Government

dated 23.02.2018, wherein he has been appointed as Special Public

Prosecutor to conduct the present proceeding which arise out of Crime

No.22/2018 of Cubbon Park Police Station.

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7 Crl.Misc.No.1454/2018

The learned Special Public Prosecutor filed supplementary

statement of objections and subsequently investigating officer filed

copy of additional CD. In the supplementary objections, the learned

Special Public Prosecutor has taken following contentions:-

5(a) : The petitioner along with others accused has

committed the alleged offences, after lodging of the FIR on written

complaint of one Mr.Praveen Venkatachalaiah, s/o Venkatachalaiah,

FIR was drawn and a case in Crime No.22/2018 was registered by

Cubbon Park Police Station at 3.30 a.m., on 18.02.2018 for the

offences punishable under Sections 341, 504, 143, 146, 147, 144, 326,

149, 141 and 506(B) of IPC and investigation was set in.

5(b) : After investigation was set in, details of accused

Nos.2 to 8 who took part in committing of the offences along with

accused No.1 were found out and they were added. Accused Nos.2, 4

and 5 were arrested on 18.02.2018 at 4.00 p.m., accused Nos.6 and 7

were arrested on 5.00 p.m., on 18.02.2018, accused Nos.1 and 8 were

arrested on 19.02.2018 at 11.00 a.m., whereas accused No.3 is

absconding and he is yet to be caught. Subsequently the case was

considered as grave and serious and hence, in terms of the office

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8 Crl.Misc.No.1454/2018

order of Police Commissioner, Bangalore City and DCP- Crime,

Bangalore the investigation has been assigned to C.C.B, Bangalore.

5(c) : The injured/ victim – Vidvat.L has been hospitalized

ever since the occurrence at Mallya hospital and he is under intensive

care treatment for several grievous injuries sustained due to assault

caused by accused persons. His condition was highly vulnerable. The

statement of injured could not be secured by the I.O, since the Doctors

opinioned that he was not in a condition to give statement. The

Investigator has visited the place of occurrence and several other

relevant places and have carried out discreet investigations. They

have collected CCTV footages of various parts of UB City and also

Mallya hospital that clearly shows the presence of accused and their

acts etc. Some of the weapons and objects used for committing

assault and the blood soaked clothes of victim have been seized. The

voluntary statement of accused have been recorded under which they

have clearly admitted that they have illegally assembled with an

intention to do away with the life of victim- L.Vidvat and in that

furtherance, they caused profuse serious injuries upon his body to

cause his death.

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5(d) : As per medical records and Doctors opinion, the

victim Vidvat.L has sustained serious injuries such as fracture of nose,

fracture of maxillary bone, fracture of several rib bones, suspected

critical muscle contusion and grade –III muscle strains,, internal

rupture of ligaments and blood veins. He is also suspected to have

sustained Chest wall injuries, Pulmonary Injuries, Esophageal Injuries,

Diaphragmatic Injuries and Abdominal injuries. Cardiovascular injuries

are also being screened for. He has suffered serious Cephalic injuries

and he would suffer permanent facial disfigurement. This apart he has

sustained several cosmetic injuries and he is also on the treatment for

severe pain. He is under severe mental trauma and deep state of

shock.

5(e) : The Special Public Prosecutor further contended

that, there is a dense and discreet investigation under progress, since

the case is considered as heinous. The fateful incident has invited

State and National level outcry and condemnations from all across as

the case is of a brutal attack and assault with an intention to kill by

several strong and armed accused persons under the command of

accused No.1 over an innocent law abiding citizen who had already a
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leg injury and plaster cast on his leg and was under seemingly helpless

condition.

5(f) : The injured / victim has sustained grave injuries and

he is still under intense treatment at Mallya hospital and he is still not

in a position to give statement. Gaining details from the victim and

recording of his statement is of paramount importance to the case. If

the petitioner is released on bail, he may threaten, influence and do

everything possible to weaken the state of injured.

5(g) : There is a prima-facie evidence to show that

accused tried to kill the victim –Vidvat by seriously assaulting him with

lethal objects. As has been noticed and spoken to by the witnesses,

there is a dense component of barbarism and total inhumanity in the

attack. The Victim was hit repeatedly with objects like heavy glass

liquor bottles, knuckle rings (a deadly fist weapon used for inflicting

mortal blows) and an ice-jug and he was randomly kicked, dragged

and beaten up even when he was profusely bleeding, crying helplessly

and fell unconscious. The cold-bloodedness and regretless behavior of

the accused persons and their clear intention to kill the victim was

further clear by their act of following the injured till Mallya hospital
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11 Crl.Misc.No.1454/2018

emergency ward where he was being traumatic care and attempting to

kill even at there and meting out severe threats to finish the life of the

victim. The accused persons have already tried to erase evidence by

using their power and attempting to prevail upon and accused No.1 is

from a highly influential background and carries dense clout in the

Society. His father is a rich Industrialist and sitting MLA. The other

accused persons too are influential and have dense backing. If they

are released on bail at this stage, when the investigation is still

preliminary level and huge part is still remaining, by using their clout,

the accused will certainly erase evidence, misdirect the investigation,

and bring pressure upon the witnesses and investigating officer and

cause influence. The Identification Parade of the accused persons by

eye witnesses and victim are yet to be conducted. The Scientific

investigations are still pending. The large amount of investigation is

still left out. At this stage, if the petitioner is granted the bail, the

same would get jeopardized by his interference. The condition of the

victim is still largely vulnerable. His family members are under serious

trauma and they have camped at Hospital from several days. If the

accused are given bail, they will cause serious threats to them and

they would even attempt on their lives. If the accused is released on

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12 Crl.Misc.No.1454/2018

bail, at this stage will result in the Government and State police being

blamed for ineffectiveness and it would also result in of tracking of

investigation by external forces. Inter-alia on these grounds, the

learned Special Public Prosecutor prays for dismissing of bail petition.

The counsel for petitioner filed supplemental statement in

support of bail petition.

6. Heard arguments of both the sides.

7. The gist of arguments addressed by learned Senior

Counsel Mr.Tomy Sabastin on behalf of petitioners are as follows:

That on 17.02.2018 between 10.28 p.m., to 10.42 p.m., a free

fight took place between two groups. One group belonged to victim –

Vidvat and another group belonging to A.2- Arun Babu at Farzi Café,

U.B.City, Bengaluru in which Victim sustained injuries on his face and

chest and A.2 sustained injuries on face and chest. The Vidvat was

admitted to Mallya hospital at about 11.15 p.m., on the same day and

he was treated as inpatient in ICU till 25.02.2018 and on 25.02.2018

he was shifted to ward. That on 18.02.2018 at 3.30 a.m., Mr.Praveen

Venkatachalaiah, friend of Victim lodged a complaint at Cubbonpark

Police Station on which Crime No.22/2018 of Cubbon Park police

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station came to be registered against petitioner and others for the

offences punishable under Sections 509, 506(B), 326,141, 143, 144,

146, 147, 341 r/w Sec 149 of IPC. That on the same day at 5.30 a.m.,

accused No.2 Arun Babu lodged the complaint at Cubbon Park police

station against Vidvat (victim) on which a case in Crime No.23/2018

was registered for the offences punishable U/s.341, 323, 504, 506 r/w

Sec 34 of IPC against Vidvat and others. He further argued that the

incident is hyped as the family of victim in the case is highly influential.

Petitioner does not have any records of criminal history. The attack

was not intentional and assault was on spur of moment. Moreover

accused No.1 in the case surrendered before the police. There is also

a counter complaint by accused No.2 against victim. Water bottles,

and ice bucket were used in the attack. The police collected hard of

glass and ice pail as evidence. He also cited A1’s confession in which

he stated that Vidvat punched him first and claims that Nalpad’s

friends then punched and kicked Vidvat. Everything happened in 3-4

minutes and entire CCTV footage is now in police custody. Accused

No.1 had gone to the hospital not to attack Vidvat, but the check on

his condition. He further submitted that, none of the accused came

with premeditation. Nobody was armed. Articles used at brawl were

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picked up at the spot. The Vidvat is totally out of dangeour. The

Doctor who treating the Vidvat stated that he has recovered 90%. The

victim has been shifted from I.C.U to ward and he is capable interact.

Non recording of statement of victim is not a ground to reject bail

petition. Since the statements of other witnesses have been already

recorded, the victim cannot make all together different statements

made than the other witnesses. He further argued that the averments

in the complaint does not attract the ingredients of Section 307 of IPC.

The incident is highly politicized and unnecessary hype was given by

the electronic and print media in order to tarnish the image of father of

the petitioner.

7(a) : The victim-Vidvat father Sri.J.Loganathan is far

more powerful than the accused’s law maker father Sri.N.A.Harris, as

he got the Government to suspend the jurisdictional Inspector,

transferred an ACP within a day of incident and got appointed a Special

Public Prosecutor. The incident took place on sudden provocation.

Both the parties have quarreled. In the incident both suffered injuries,

but there was no intention to kill anyone. The victim’s health condition

is good, but police are not recording his statement. The complaint
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and counter-complaint shows that there was a group clash, the

complaint does not mentioning accused were there to kill the victim.

The victim had firstly assaulted petitioner, Vidvat fell flat on his face

while attacking the accused No.1 and that was while his face was

swollen. The attack was not pre-planned and accused No.1 and his

friend were not equipped with weapons.

7(b) : The petitioner has no previous antecedents. The

petitioner is the permanent resident of address shown in the cause

title of the bail petition. If the petitioner is granted with bail, he will

not abscond or flee from justice. He is ready to offer surety to ensure

his regular attendance before the Court. Inter-alia with these

submissions the Ld. counsel for petitioner prays for allowing of bail

petition.

7(c) : The counsel for petitioner in support of his

contention has relied upon the following citations:

1) Gurcharan Singh and others /vs/ State (Delhi

Administration) 1978 (1) SCC 118

2) State of Kerala /vs/ Raneef, 2011(1) SCC 784,

3) Criminal Petition No.101959/2014, Balesh /vs/ State of

Karnataka
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4) Criminal Petition No.9677/2017, Ramu /vs/ State of

Karnataka

5) Criminal Petition No.9876/2017, Abhilash and others

/vs/ State of Karnataka
6) Shyam Sharama /vs/ State of Madhya Pradesh and
another, reported in (2017) 9 Supreme Court Cases, 362

7) Ved Pal /vs/ State of U.P. reported in 1987 (Supp)

Supreme Court Cases 596,

8. Whereas the Special Public Prosecutor has vehement ally

argued that the petitioner and co-accused have beaten the victim

brutally and mercilessly with beer bottles and Ice bucket and knuckle

rings. The people in Farzi Café were scared on petitioner, so they did

not come to rescue victim. It is clearly written in the complaint that

Vidvat was beaten with bottles and knuckle rings. The victim was

almost beaten to death. The attack was unprovoked and brutal in

nature and granting of bail would set a bad example to Society. He

argued that counter complaint filed by accused No.2 was to hamper

the investigation. He urged that time mentioned in the counter

complaint of accused No.2 is 12.00 a.m. cannot be true as the victim

was in the hospital and at that time as per medical records. He

submitted that as per counter complaint the victim was inebriated

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condition, but the medical records speaks that he was not under the

influence of alcohol. He further submitted that CCTV footage recovered

from the hospital shows that petitioner and other co-accused attacking

Vidvat. He further submitted that attack on the victim was similar to

Nirbhaya’s case. The accused after brutally attacking Victim with

bottles, jugs and rings followed the victim to Mallya hospital and tried

to attack him their. It is clear that the petitioner had an intention to

murder the victim. He further submitted that the due to injuries

sustained by victim, he is not in a position to give statement to the I.O.

If the petitioner is released on bail, he may threaten and influence the

injured.

8(a) : The learned Special Public Prosecutor further

submitted that investigation is still in preliminary stage and Scientific

investigation are still pending and large amount of investigation is still

left out. If the petitioner is granted with bail, at this stage, it will

hamper further investigation. He further submitted that Identification

Parade of the accused by eye witnesses and victim are still to be

conducted. He further submitted that, if the petitioner is granted with

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bail he will cause serious threat to victim and his family. Inter-alia with

these contentions, he prays for rejecting of bail petition of petitioner.

8(b) : In support of his contention, the learned Special

Public Prosecutor has relied upon following citations:

1) Nirbhaya’s case Judgment reported in Criminal

Appeal Nos.607, 608 of 2017 arising out of S.L.P
(Criminal) Nos. 3119-3120 of 2014 and Nos.5027-
5028 of 2014, in the case of Mukesh and another
/vs/ State for NCT of Delhi and others.
2) Adolf Eichmann’s Case

3) The Queen /vs/ Dudley and Stephens

8(c) : Sri.Murthy Dayananda Naik, the counsel for

applicant – Mr.A.Alam Pasha who has been permitted by the Court to

assist learned Special Public Prosecutor as per order of this Court dated

24.02.2018 passed on the application filed under Sections 301 (2) r/w

Sec 302 of Cr.P.C has submitted common written argument. In support

of his contention, the learned counsel for applicant has relied upon the

following citations:

1) (2005) 8 SCC 21, in the case of State of U.P through

CBI /vs/ Amarmani Tripathi

2) (2016) 15 SCC 422 in the case of Neeru Yadav /vs/

State of Uttar Pradesh and another
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3) ILR 2016 KAR 1516, in the case of State of Karnataka,

rep by Arakalgud Police /vs/ B.D.Sandeepa.

9. Perused the entire materials on records, citations

furnished by both the sides and written argument filed on behalf of

applicant – Mr.Alam Pasha.

10. Under the facts and circumstances of the case, the

following points arise for consideration of this Court:

1. Whether the petitioner is entitled for bail

under Section 439 of Cr.P.C as prayed for?

2. What Order?

11. My findings on the above points are as follows:

Point No.1 : In the Negative

Point No.2 : As per final order for the following:

REASONS

12. POINT NO.1:- The instant petition has been filed on behalf

of petitioner U/s.439 of Cr.P.C by seeking bail in Crime No.22/2018 of

Cubbon Park Police Station, Bengaluru, for the offences punishable

under Sections 504, 341, 143, 146, 147, 326, 141, 506(B) and 307

r/w section 149 of IPC.

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The averments in the complaint, further statement of the 1st

informant and other witnesses shows that, a verbal altercation broke

out between petitioner/accused No.1 and victim Vidvat at around

10.00 p.m., in Farzi Café, a Bar and Restaurant, in U.B.City, Bengaluru

and soon after it 10-15 supporters of petitioner / accused No.1

assaulted the victim / Vidvat brutally on his face, abdomen and chest

and the liquor bottles, rings and ice buckets were used in the assault

and the assailants rained punches on him and after beating him to a

pulp in the café and then in U.B. City’s parking lot, they followed him

to Mallya Hospital where he was admitted for treatment and their they

threatened to finish off the victim.

13. I have carefully examined the copies of CD and additional

CD. As per the endorsement made by the victim’s doctor in the

requisition of the I.O dated 19.02.2018 the victim received heavy

beating over head, face, chest and abdomen. He sustained gross

facial swelling, he was unable to open his eyes, he further sustained

pain over face and nasal bone and nasal bone fracture and his both

eyes met with sub –conjunctional hemorrhages. As per Medical

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Certificate dated 26.02.2018 issued by the victim’s Doctor, the victim

Vidvat has suffered following grievous injuries.

1) Facial contusion/ sub-conjunctival hemorrhages

2) Fracture of both nasal bones and frontal process of left
maxilla.
3) Fracture ribs at lateral angles.
a) Right 4th to 9th ribs
b) Left 4th to 8th ribs

Thus medical records prima-facie shows that victim sustained

grievous injuries on the vital part of his body.

14. From the argument of learned counsel for petitioner, it is

undisputed that petitioner was present at the spot during brawl and

subsequently he along with his supporters met the victim at the

hospital. In the instant case section 143 r/w section 149 has been

invoked. The allegations in the further statement of 1st informant and

statements of other witnesses prima-facie shows the formation of

unlawful assembly by the petitioner and his associate co-accused and

assault by them on the victim in furtherance of common object of

unlawful assembly. It is settled law that, Pre concert is not necessary

to form an unlawful assembly. An assembly may be lawful in the

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beginning, but may turn into unlawful later and common object may

form on spur of moment. Being there on unlawful assembly itself is a

crime under Section 149 of I.P.C.

15. It is settled law that, even if no overt-act is imputed to a

particular person when the charge is U/s.149 of IPC, the presence of

accused as part of unlawful assembly is sufficient to attract Section

149 of IPC. Even though, in the complaint no specific overt-act of

assault is attributed to the petitioner, the specific overt act of assault

on victim by hand before assault by other assailants on his command

has been attributed to the petitioner in the further statement of the

complainant and in the statement of other witnesses. The informant/

complainant is not expected to discuss all minute details of occurrence

in his report. Absence of such details are not significant. FIR is not

meant to be encyclopedic. While considering the effect of some

omissions, the Court is required to take into consideration the

probable, physical and mental condition of the 1st informant. It is

settled law that, to constitute an offence of attempt to murder U/s.307

of IPC, the necessity ingredients for attracting provision of Section 307

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of IPC are intention or knowledge of the assailants, that if by their act

they caused death of victim, they would be guilty of murder.

16. In R.Prakash /vs/ State of Karnataka reported in AIR 2004

SC 1812, the Hon’ble Supreme Court held that:

“It is sufficient to justify an conviction U/s.307 of IPC if

there is present an intent coupled with some overt-act in
execution thereof. It is not essential that bodily injury
capable of causing death should have been inflicted.

17. In the instant case, the allegations in the 1st information,

further statement of 1st informant and statement of eye witnesses

regarding the manner in which the offences were committed,

behaviour of accused during incident, weapons/ articles used for

assault, nature of blows inflicted on victim, role played by accused, the

nature of injuries sustained by the victim, the act of accused in

following the victim to the hospital and giving life threat to the victim

even in the hospital clearly prima-facie attracts ingredients of section

307 of IPC.

18. It is settled law that, at the time of deciding the bail

petition, the Court should look at prima-facie material and should not

go into merits of the case by appreciation of evidence. It is also well

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settled principles of law that, Court should avoid elaborate

documentation of merits while dealing with an application for bail.

While dealing with an application under Section 439 of Cr.P.C, the

Court cannot go into details of evidence to find out whether the

evidence will be sufficient in establishing the guilt of the accused.

19. The Hon’ble Apex Court in State of Uttarpradesh through

CBI /vs/ Amarmani Tripathi, reported in (2005) 8 SCC 21, held that:

It is well settled principles of law that matters to be considered

in an application for bail are:-

(i) Whether there is any prima facie or reasonable

ground to believe that the accused had
committed the offence;
(ii) Nature and gravity of the charge

(iii) Severity of the punishment in the event of

conviction
(iv) Danger of the accused absconding or fleeing, if
released on bail

(v) Character, behavior, means, position and

standing of the accused;
(vi) Likelihood of the offence being repeated;

(vii) Reasonable apprehension of the witnesses being

tampered with and
(viii) Danger, of course, of justice being thwarted by
grant of bail.
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25 Crl.Misc.No.1454/2018

Similarly in Para No.5, the Hon’ble Supreme Court in the case of

Neeru Yadav /vs/ State of Uttar Pradesh and another reported in

(2016) 15 SCC 422, held that:

Para NO.13: We will be failing in our duty if we do not

take note of the concept of liberty and its curtailment by
law. It is an established fact that a crime though
committed against an individual, in all cases it does not
retain an individual character. It, on occasions and in
certain offences, accentuates and causes harm to the
Society. The victim may be an individual, but in the
ultimate eventuate, it is the society which is the victim. A
crime as is understood, creates a dent in the law and order
situation. In a civilized Society, a crime disturbs
orderliness. It affects the peaceful life of the Society. An
individual can enjoy his liberty which is definitely of
paramount value but he cannot be a law unto himself. He
cannot cause harm to others. He cannot be a nuisance to
the collective. He cannot be a terror to the Society and
that is why Edmund Burke, the great English thinker,
almost two centuries and a decade back eloquently spoke
thus”.

20. In the factual matrix of this case I am of the considered

opinion that there is prima-facie and reasonable ground at this stage

for believing that the petitioner and other co-accused have committed
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26 Crl.Misc.No.1454/2018

the alleged offences. Among the offences alleged against the

petitioner, the offence under section 307 of IPC is punishable with

imprisonment for life.

21. In the counter complaint, lodged by Accused No.2 it is

alleged that accused No.2 was assaulted at 12.00 a.m., and at that

time victim was inebriated condition. But the medical records shows

that the victim was under going treatment at 12.00 a.m., in the

hospital on the fateful day and he was not in a inebriated condition.

The above aspect and copies of C.D furnished by I.O in this case

prima-facie shows that, the counter complaint filed by accused No.2 in

Crime No.23/2018 against the victim is to hamper the investigation in

the case on hand in Crime No.22//2018.

22. It is pertinent to note that; victim is not yet discharged

from the hospital. The statement of victim is not yet recorded and the

investigation is at preliminary stage. The material on record shows

that currently the victim has been shifted from ICU to the ward in the

hospital. But the shifting of the victim to the ward from ICU does not

lower the gravity of his conditions or the case.

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27 Crl.Misc.No.1454/2018

23. By considering the nature of accusations against

petitioner, nature of evidence in support thereof, the nature of

injuries sustained by the victim, pendency of further

investigation, reasonable apprehension of witnesses being

tampered with and the larger interest of the public and State,

I am of the considered opinion that the petitioner is not

entitled for bail atleast till the completion of investigation.

24. This court is of view that, gravity of offences does not

weigh personal liberty of the petitioner. In case of grant of bail to the

petitioner, chances of petitioner causing threat to the prosecution

witnesses and chance of his abscondance and chance of he committing

similar offences cannot be ruled out. Considering the gravity and

seriousness of the offences, this court is of considered view that the

petitioner is not entitled for bail. Hence, point No.1 is answered in the

Negative.

25. Point No.2:- In the result for the reasons stated in point

No.1, I proceed to pass the following:

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ORDER

The bail petition filed by the

petitioner under Section 439 of Cr.P.C
is hereby rejected.

(Dictated to the Judgment Writer, transcribed and typed by her and then corrected
and pronounced in open court on this the 2nd day of March, 2018. )

(Parameshwara Prasanna.B.)
LXII Addl.City Civil & Sessions
Judge (CCH-63), Bengaluru
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