Sanjay v. Inspector Of Police

A.D.JAGADISH CHANDIRA , J.

The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 147, 148, 294(b), 323 and 307 of IPC, in Crime No.134 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the petitioner along with other accused have quarreled with the defacto complainant. As a result, the petitioner attacked the defacto complainant with knife and thereby caused injuries to him. Hence the case. 3.The learned counsel for the petitioner submitted that this is the second application for anticipatory bail filed by the petitioner and the earlier application in Crl.O.P.No.14473 of 2023 was dismissed by this Court on 28.06.2023 on the ground that the petitioner has got six previous cases. She further submitted that it is a case and a case in counter and all the arrested accused in this case have been enlarged on bail. Hence, she prayed for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate appearing for the respondent Police submitted that it is a case where due to previous enmity, the petitioner along with other accused have quarreled with the defacto complainant and assaulted him by using knife, resulting in him sustaining injuries. He further submitted that on the earlier occasion itself, it was informed that the injured has been discharged from the hospital. However, this Court taking into consideration the petitioner is a habitual offender, against whom, there are six previous cases registered during the year 2019 to 2023, had dismissed the earlier application. He also submitted that there is no change of circumstances and that the petitioner being a history sheeted is not entitled to grant of anticipatory bail and the custody of the petitioner is very much required. Hence, he prayed for dismissal of this petition. 5.Heard the learned counsel for the petitioner as well as the learned Government Advocate and perused the entire materials available on record including the First Information Report.

6.This Court taking into consideration the petitioner has got six

previous cases, out of which, one has been registered for the offence under Section 302 of IPC and that the petitioner is a history sheeted rowdy, had dismissed the earlier bail application and now there is no change of circumstances, this Court is no inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is dismissed. 25.07.2023 vkr

A.D.JAGADISH CHANDIRA , J.

vkr 25.07.2023