IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4217 OF 2019 BETWEEN:
SMT.ANITHA JAGANNATHA, W/O.LATE JAGANNATHA, HINDU, AGED ABOUT 64 YEARS, NAMITHA NILAYA, # 22, 2ND CROSS, NETHAJINAGAR, MATHIKERE, BENGALURU 560 054. ... PETITIONER (BY SRI.GURUDATH.B.S, ADVOCATE) AND:
STATE OF KARNATAKA, BY YESHWANTHAPURA POLICE STATION, YESHWANTHPURA, BENGALURU-560 022, REP.BY S.P.P, HIGH COURT OF KARNATAKA, BENGALURU-560 001. ... RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRL.P IS FILED U/S.438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HER ARREST IN CR.NO.127/2019 OF YESHWANTHAPURA P.S., BANGALORE FOR THE OFFENCE P/U/S 304,304A R/W 34 OF IPC.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has arraigned as accused No.1 in Cr.No.127/2019 of respondent - Yeshwanthapura Police Station for the offences punishable under Sections 304 and 304(A) r/w Section 34 of IPC.
2. The brief factual matrix of the case are that the complainant, who is the sister of the deceased Nikhil, aged about 14 years was studying in 8th standard. It is her case that on 16.5.2019, at about 11.15 a.m. when the said Nikhil was playing cricket, ball went to the terrace of a house belonging to one Anitha Jagannath, House No.22, 2nd Cross, Nethajinagar, Mathikere. In order to collect the ball, said boy went to the terrace and came in contact with a high tension wire and died due to electrocution. On the above said allegations, a case has been registered for the negligent act on the part of the petitioner herein, who is the owner of the house. The fact that whether the offence falls under Section 304 or 304(A) of IPC itself is doubtful to the police, as the police have invoked both sections for the said offence. It is seen that both offences are not punishable with death or imprisonment for life. Negligence, if any, on the part of the BESCOM officials or on the part of the petitioner herein has to be established during the course of full dressed trial. Under the above said circumstances, the petitioner, who is the owner of the said house is entitled to be enlarged on bail by imposing conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of her arrest in connection with Crime No.127/2019 of Yeshwanthapura Police Station, subject to the following conditions:-
i) The petitioner shall surrender herself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and she shall execute personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and she shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
Psg* Sd/- JUDGE