(Prayer: This Crl.P is filed u/S.439 (filed u/S.483 BNSS) Cr.P.C by the advocate for the petitioner praying that this of Honourable Court may be pleased to release the petitioner on regular bail in Crime No.181/2017 (S.C.No.53/2021) of Respondent Police, for the alleged offence p/us/ 504,324,341,307,506 r/w Sec.34 of IPC pending on the file of the Honble V Addl District and Sessions Judge, Mandya.)

Oral Order

1. Accused No.2 in SC No.53/2021 pending before the Court of V Additional District and Sessions Judge, Mandya, arising out of Crime No.181/2017 registered by Malavalli Rural Police Station, Mandya, for the offences punishable under Sections 504, 341, 307, 324, 506, read with Section 34 of IPC, is before this Court in this successive bail petition filed under Section 483 of BNSS, 2023, seeking regular bail.

2. Heard the learned counsel for the parties.

3. Learned counsel for the petitioner submits that on the merits of the case, petitioner was granted regular bail in the present case by the jurisdictional Sessions Court in Crl.Misc.No.1372/2017 disposed off on 12.09.2017. He submits that for the reason that petitioner had not appeared before the Trial Court on the regular dates of hearing, a split-up case was registered against him in SC No.53/2021 and in the said case, he was arrested on 30.12.2024 and for the last nearly one year, he is in custody. He submits that as a result of alleged assault made by the petitioner, the victims have suffered only simple injuries. Petitioner is aged about 26 years having no criminal antecedents. Accordingly, he prays to allow the petition.

4. Per contra, learned HCGP has opposed the petition. She submits that petitioner was arrested after taking coercive steps against him. In the event, he is enlarged on bail, he is likely to once again flee away from justice. She submits that accused Nos.1 and 3 have been convicted in the present case. Accordingly, she prays to dismiss the petition.

5. It is not in dispute that petitioner, who is aged about 26 years, has been granted regular bail in the present case by the jurisdictional Sessions Court in Crl.Misc.No.1372/2017 disposed off on 12.09.2017. Accused No.1 is the father of the petitioner and accused No.3 is said to be the mother of the petitioner. Perusal of the charge sheet filed in the present case would go to show that allegation of assaulting the injured victim with deadly weapons on the vital parts of the body and trying to commit murder is only as against accused No.1. Insofar as petitioner and accused No.3 are concerned, the allegation against them is that they had assaulted the other victims and caused injuries to them. Undisputedly, victims who were assaulted by accused Nos.2 and 3 have suffered only simple injuries. In the full-fledged trial that was held against accused Nos.1, 3 and 4, accused No.1 alone is convicted for offence punishable under Section 307 of IPC. Accused No.3 has been convicted for the offences punishable under Sections 504 and 506 of IPC and accused No.4 is convicted for the offence punishable under Section 341 of IPC. It is not in dispute that petitioner herein, who is arraigned as accused No.2 has no other criminal antecedents. He is in custody in the split-up case for the last nearly one year. For the mistake committed by the petitioner by not appearing before the Trial Court on the regular dates of hearing, he has been substantially punished. Considering the aforesaid aspects of the matter, I am of the opinion that his prayer for grant of regular bail needs to be answered affirmatively. Accordingly, the following order:-

6. The petition is allowed. The petitioner is directed to be enlarged on bail in SC No.53/2021 pending before the Court of V Additional District and Sessions Judge, Mandya, arising out of Crime No.181/2017 registered by Malavalli Rural Police Station, Mandya, for the offences punishable under Sections 504, 341, 307, 324, 506, read with Section 34 of IPC, subject to the following conditions:

          a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

          b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;

          c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses;

          d) The petitioner shall not involve in similar offences in future;

          e) The petitioner shall not leave the jurisdiction of the Trial Court without permission of the said Court until the case registered against him is disposed off.