IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.5386/2019 C/w.
CRIMINAL PETITION Nos.5465/2019 & 5466/2019 IN CRIMINAL PETITION No.5386/2019:
BETWEEN:
ABDUL JAMEEL S/O. BASHA SAHIB AGED ABOUT 59 YEARS R/O. UNITED MANSION, 2ND FLOOR, 6TH MAIN, ITI LAYOUT, BENSON TOWN POST BANGALORE – 560 045 ... PETITIONER [BY SRI. A.G. SHIVANNA, ADV.] AND:
STATE BY PULAKESHINAGAR PS REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BUILDING BANGALORE – 560 001 … RESPONDENT [BY SRI K.P. YOGANNA, HCGP] THIS PETITION IS FILED UNDER SECTION 438 OF CR.PC, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO.130/2019 OF PULAKESHINAGAR P.S., BENGALURU CITY FOR THE OFFENCES P/U/S. 337, 338, 427, 304 R/W. 34 OF IPC.
IN CRIMINAL PETITION No.5465/2019:
BETWEEN:
NAYAZ KHAN S/O. RIYAZ KHAN BBMP ENGINEER AGED ABOUT 26 YEARS R/AT. COCOON MARKET ROAD KYALNUR VILLAGE AND POST KOLAR TALUK AND DISTRICT – 563 127 ... PETITIONER [BY SRI. SYED ZAHEERUDDIN BAREED, ADV.] AND:
STATE OF KARNATAKA R/BY PULAKESHINAGAR POLICE STATION, BANGALORE THROUGH STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001 … RESPONDENT [BY SRI K.P. YOGANNA, HCGP] THIS PETITION IS FILED UNDER SECTION 439 OF CR.PC, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.130/2019 OF PULAKESHINAGAR P.S., BENGALURU CITY FOR THE OFFENCES P/U/S. 304, 337, 338, 427, 304 R/W. 34 OF IPC.
IN CRIMINAL PETITION No.5466/2019:
BETWEEN:
SYED THAMEEM IBRAHIM S/O. SYED SHABBIR PASHA AGED ABOUT 34 YEARS R/AT. NO.781, 4TH CROSS, IN FRONT OF NEHRU PARK KUVEMPU NAGARA KOLAR – 563 101 ... PETITIONER [BY SRI. SYED ZAHEERUDDIN BAREED, ADV.] AND:
STATE OF KARNATAKA R/BY PULAKESHINAGAR POLICE STATION, BANGALORE THROUGH STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001 … RESPONDENT [BY SRI K.P. YOGANNA, HCGP] THIS PETITION IS FILED UNDER SECTION 439 OF CR.PC, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO.130/2019 OF PULAKESHINAGAR P.S., BENGALURU CITY FOR THE OFFENCES P/U/S. 304, 337, 338, 427, 304 R/W. 34 OF IPC.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned Counsel for the petitioners and the learned High Court Government Pleader for the Respondent-State. Perused the records.
2. These three petitions arising out of common Crime No.130/2019 registered against them for the offences punishable under sections 304, 337, 338, 427 and 34 of IPC.
3. Petitioner in Criminal Petition No.5386/2019 has approached this Court for grant of anticipatory bail whereas the petitioners in Criminal Petition Nos.5465 and 5466 of 2019, have approached this Court for grant of bail under section 439 of Cr.PC. There is no dispute that the petitioners who approached this Court under section 439 of Cr.PC have been in judicial custody since forty five days.
4. The brief factual matrix of the case that emerges from the materials available on record is that on 10.7.2019 at about 2.10 am, the respondent-Police have received credible information from the control room that five storeyed building which is constructed situated at 2nd Cross, Huchins Road, had collapsed. Immediately, Police went to the particular spot and found that five storied building had collapsed and so many persons died inside the building and some people have also been injured. On the basis of the above said information and the materials on record, Police are investigating the matter and tentatively came to the conclusion that the building is collapsed mainly due to construction defects as well as using of the materials which are of low quality and standard. Therefore, I find that on the said basis, the Police are investigating the matter. Of course, this court has released the owner as well as the Architect of the said building on bail on the ground that they may not be knowing as to what quality of the materials used for the purpose of construction of the building. It is only the Structural Engineers as well as Contractor who are the persons in the helm of affairs are responsible for the purpose of checking what materials have been used for the purpose of construction of the said building, whether it sustains five storied building for construction. Therefore, looking into the said facts and circumstances, petitioner in Criminal Petition No.5386/2019 appears to be a Contractor and the allegation is that he secured coolie workers from West Bengal and Bihar and he was physically present at the time of construction of the building and he is the person who properly knew about the quality of the materials used for the purpose of constructing the building and whether it would bear the weight of five floors building. However, the other two persons i.e., Structural Engineer and owner who are also, in my opinion, responsible to some extent, were also arrested and after investigation they were remanded to judicial custody. It is evident that these two persons are no more required for the purpose of investigation. Under the above said circumstances, considering that these two persons have been in judicial custody since forty five days, under section 439 of Cr.PC., they are required to be enlarged on bail. However, petitioner in Criminal Petition No.5386/2019 is seeking for anticipatory bail. The investigation and interrogation is still pending so far as this petitioner is concerned. Under the above circumstances, he is not entitled to be enlarged on anticipatory bail.
5. Hence, the following:
ORDER [a] Criminal Petition No.5386/2019 is hereby rejected.
[b] The Criminal Petition Nos.5465 and 5466 of 2019 are hereby allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.130/2019 of Pulakeshinagar Police Station, registered against them for the offences punishable under Sections 304, 337, 338, 427 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioners shall execute their respective personal bonds for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is disposed of.
(v) The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Petitioner in Criminal Petition No.5386/2019 can approach the trial Court for grant of bail by surrendering voluntarily or if he is arrested, in that event, the trial Court shall dispose of the petition as expeditiously as possible.
In view of disposal of Criminal Petition No.5386/2019, I.A. No.1/2019 does not survive for consideration and hence it is dismissed.
Sd/-
JUDGE AN/-