A Bengaluru Sessions Court has granted regular bail to 23-year-old Manjunath Lalagandagi, who was accused of attacking a driver with an iron pipe in the Wilson Garden area. The order, delivered by Sri. S. Nataraj of the LXVI Additional City Civil and Sessions Judge (CCH-67), came just days after the arrest, as the court observed a lack of prima facie evidence for an “attempt to murder” charge.
Background of the Wilson Garden Building Incident
The criminal case, registered as Crime No. 8/2023 at the Wilson Garden Police Station, originated from a confrontation on January 12, 2023. According to the prosecution, the complainant and his family had visited a newly constructed building in Wilson Garden around 4:00 PM to inspect the progress.
While the complainant was on the second floor, his driver, Mr. Kabir Hussain, went to the sixth floor. There, he encountered Manjunath and a friend. The prosecution alleged that Mr. Hussain questioned Manjunath’s friend for urinating in the building. This reportedly triggered an altercation, during which Manjunath allegedly verbally abused the driver and struck him on the back of the head with an iron pipe found at the construction site.
Charges and Legal Arguments
The Wilson Garden police initially booked Manjunath Lalagandagi under the following sections of the Indian Penal Code (IPC):
- Section 307: Attempt to murder
- Section 324: Voluntarily causing hurt by dangerous weapons or means
- Section 504: Intentional insult with intent to provoke breach of the peace
The Public Prosecutor opposed the bail application, arguing that Manjunath attacked the victim on a vital part of the body (the head) with the intent to kill. The prosecution emphasized that the weapon had been seized and the investigation was still in its early stages.
In contrast, the defense counsel, Sri. Gajendra S., argued that the petitioner was innocent and had been falsely implicated. The defense highlighted that there was no prior enmity between the parties and that the incident was a sudden provocation without any premeditated intent to kill.
Why the Court Granted Bail to Manjunath Lalagandagi
In his analysis, Judge S. Nataraj pointed out several factors that weakened the prosecution’s claim of an “attempt to murder” under Section 307.
Absence of Intent to Kill
The court noted that after the alleged attack, the accused and his friend actually helped the injured driver get into a lift and brought him from the sixth floor down to the ground floor. “If the accused had the intention of killing the injured, he would not have brought the injured to the ground floor,” the judge observed in the order.
Medical Evidence and Simple Injuries
The court scrutinized the medical records, specifically the discharge summary from Agadi Hospital dated January 14, 2023. The CT scan of the brain revealed no significant abnormalities, intracranial hemorrhage, or bony injuries. The court concluded that the injuries appeared to be simple in nature. While the nature of the injury is not the sole criteria for Section 307, the court found that the overall circumstances did not prim facie justify the severity of the charge at this stage.
Lack of Criminal Antecedents
The judge further noted that the accused was a 23-year-old with no prior criminal record. Since the weapon had already been seized and the accused had been in custody since January 14, the court found no reason for further detention.
Terms and Conditions of Release
The court allowed the petition under Section 439 of the Cr.P.C. and ordered the release of Manjunath Lalagandagi on a personal bond of Rs. 50,000 with one surety of the like sum. To ensure the integrity of the ongoing legal process, the court imposed the following conditions:
- The petitioner must not threaten the complainant or any prosecution witnesses, directly or indirectly.
- The petitioner must not commit similar offences in the future.
The court clarified that these observations are limited to the bail petition and do not reflect a final judgment on the merits of the trial, which will continue before the 6th Additional Chief Metropolitan Magistrate.