UMESH Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The allegations made against the petitioner is that on 14.02.2016 at about 7.30 p.m., the complainant by name Abhishek and his friend Santhosh were proceeding near Priyadarshini Hotel, KRS Road, Mysuru, at that time, it is alleged that this petitioner and another went on a TVS Motor Bike and intercepted the way of the complainant and his friend. It is also alleged that the petitioner Umesh took -out a knife from his pocket and assaulted on the face of the complainant twice and he has also made attempts to assault the complainant's friend Santhosh, as a result of which, the complainant and his friend sustained injuries and thereafter, it appears they were admitted to the hospital as inpatients. The FIR discloses that, as on the date of lodging complaint, the complainant -injured was still in the hospital and he appears to have given a statement in the hospital itself. The petitioner has approached the learned Sessions Judge, Mysuru, for grant of bail and the same was dismissed on the ground that, the discharge summary of the complainant is not helpful to the petitioner.

(2.) The learned HCGP made available the wound certificate of Abhishek, which shows that the said person has sustained lacerated wound over lower middle right fore -arm. As per the complaint averments, the complainant has stated that he sustained injuries on his face. But there is no corresponding injury as such. Even otherwise, the said certificate issued by the Medical Officer of Palaksha Hospital shows that the said injury sustained by the complainant is simple in nature.

(3.) Looking to the above said facts and circumstances of the case, at this stage, the prosecution cannot be said to have shown prima -facie case in order to attract Section 307 of IPC and that has to be established during the course of full -dressed trial.