Karnataka High Court Grants Anticipatory Bail To 'Rowdy-Sheeter' In Attempt To Murder Case, Finds No Prima Facie Ground To Believe Guilt
The Karnataka High Court granted anticipatory bail to a "rowdy-sheeter" accused of several offences including attempt to murder, observing that prima facie there were no reasonable and sufficient grounds at this stage to believe that the petitioner was guilty of the alleged offences.
Justice Venkatesh Naik T was hearing a criminal petition filed by Praful Balakrishna Patil who was accused of, along with other, assaulting the complainant. When the complainant managed to escape, Patil allegedly fired a bullet at him from his revolver but it did not hit the complainant. Subsequently an FIR was registered against the accused, wherein the petitioner was arrayed as Accused No. 1, for the offences punishable under Sections 109, 126(2), 118(1), 352, 351(2), 351(3), 189(2), 191(2), 191(3) read with Section 190 of the Bharatiya Nyaya Sanhita, 2023 and Section 25(1-A) of the Arms Act.
The High Court noted that the only allegation against the petitioner was firing at the complainant, which does not attract the punishment of life imprisonment or death.
The Court further reiterated the principles of law vis-à-vis the granting of bail, stating, “the Court has to consider the nature of the offence, circumstances in which the offence is committed, the position and status of the petitioner with reference to the victim and witnesses, likelihood of fleeing away from justice, of repeating same offences by the petitioner, of tampering with the witnesses, character and antecedents of the petitioner.”
The Court added, “Further, the law is well settled that while disposing of the bail petition, the Court need not scan the prosecution papers and hold mini trial.”
Taking into account the facts of the case, allegations against the petitioner and other facets, the Court held,
“prima facie there are no reasonable and sufficient grounds to believe, at this stage, that the petitioner is guilty of the offences alleged against him. Therefore, the petitioner is entitled for Anticipatory bail.”
Accordingly, the Court granted bail to the petitioner in execution of a personal bond of Rs one lakh along with two sureties. The Court further directed the petitioner to not threaten anyone or tamper with evidence, and mark his attendance before police one a week.