Bengaluru, January 23, 2023 — The LV Additional City Civil and Sessions Judge in Bengaluru has granted anticipatory bail to Abdul Rafix (Accused No. 4) in connection with a case involving allegations of assault and attempt to murder. The court cited the existence of a counter-complaint and the non-serious nature of the victim’s injuries as key reasons for its decision.

Case Background

The petitioner, Abdul Rafix, was named as Accused No. 4 in Cr.No. 20/2023 registered by the R.T. Nagar Police Station. The First Information Report (FIR) was based on a complaint filed by Sri. Sayed Fazeel.

Initially, the offences were registered under non-heinous sections of the IPC: Sections 323 (Voluntarily causing hurt), 324 (Causing hurt by dangerous weapons), 506 (Criminal intimidation), and 504 (Intentional insult to provoke breach of peace), read with Section 34 (Acts done by several persons in furtherance of common intention).

Crucially, Section 307 of the IPC (Attempt to murder) and Section 25(1)(B)(b) of the Arms Act were subsequently added by the police.

Allegations and Defense

Prosecution’s Case

The incident allegedly occurred on January 6, 2023, when the complainant, his wife, and mother-in-law visited Abdul Rafix’s house to discuss property and earlier cases. The prosecution claimed that the accused, in furtherance of a common intention, abused the complainant, assaulted him with their hands, and that Accused No. 1 assaulted him on the head with a “long” (a long-edged weapon), causing bleeding injuries.

Petitioner’s Stand

Abdul Rafix claimed innocence and alleged false implication. He contended that the complainant was the aggressor who came to his house seeking a quarrel and assaulted him and the other accused. He argued that the complainant’s injuries were simple in nature and that Section 307 IPC was included later with an ulterior motive.

The defense highlighted a significant factor: the existence of a prior complaint filed by the petitioner and Accused Nos. 1 to 3 in Cr.No. 111/2022. The current case was argued to be a counter-blast to this previous complaint.

Court’s Rationale for Granting Bail

Presiding Judge Sri. Shriram Narayan Hegde examined the records and material available, ultimately answering the point of determination in the AFFIRMATIVE.

The court noted the following key reasons for allowing the anticipatory bail application:

• Subsequent Addition of Heinous Sections: The initial complaint only invoked lesser offences, with the grave charges of Section 307 IPC and the Arms Act being added later.
• Simple Injuries: The court observed that the complainant was not admitted to the hospital and merely took treatment as an out-patient, suggesting the injuries were not life-threatening despite the addition of Section 307 IPC.
• Counter-Complaint: The existence of an admitted counter-complaint (Cr.No. 111/2022) suggested a history of antagonism and quarrel between the parties, supporting the petitioner’s claim of false implication.
• Punishment: The alleged non-bailable offences are not punishable with death or imprisonment for life, making the petitioner eligible for the relief sought.
• Petitioner’s Status: The court noted that the petitioner is a permanent resident of the given address, mitigating the risk of him absconding.

Bail Order and Conditions

The court ALLOWED the petition, ordering that Abdul Rafix (Accused No. 4) be enlarged on bail in the event of his arrest in Cr.No. 20/2023.

The petitioner must execute a personal bond in the sum of Rs. 50,000/- with one surety for the like sum, subject to the following mandatory conditions:

1. Surrender/Appearance: The petitioner must appear before the Investigating Officer within 10 days from the date of the order.
2. Co-operation: The petitioner shall co-operate with the Investigating Officer as and when called for.
3. No Tampering: He shall not tamper with prosecution witnesses in any manner.
4. No Similar Offences: He shall not commit similar offences.
5. Police Station Attendance: He must mark his attendance in the R.T. Nagar Police Station on the first Sunday of each month between 11:00 a.m. and 5:00 p.m., until the filing of the final report (chargesheet).