IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7570 OF 2017 C/W.
CRIMINAL PETITION NO.7571 OF 2017 BETWEEN:
MR.ARUN ALIAS NAGESH S/O PUTTASWAMY AGED ABOUT 30 YEARS RESIDING AT: ANKIHALLYPETE VILLAGE BIKKODU HOBLI, BELUR TALUK HASSAN-573 115.
... PETITIONER IN CRL.P.NO.7570/2017 MR.PUTTASWAMY S/O LACHMASETTY AGED ABOUT 55 YEARS RESIDING AT: ANKIHALLYPETE VILLAGE BIKKODLU HOBLI, BELUR TALUK HASSAN – 573 115 ... PETITIONER IN CRL.P.NO.7571/2017 (BY SRI. N.P.KALLESH GOWDA, ADV.,) AND:
STATE BY SAKALESHPURA TOWN POLICE REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001.
... RESPONDENT (COMMON) (BY SRI.CHETAN DESAI, HCGP) CRIMINAL PETITION NO.7570/2017 IS FILED U/S.439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.241/2017 OF SAKALESHPURA TOWN P.S., HASSAN DISTRICT FOR THE OFFENCE P/U/S 324, 326, 504, 506 R/W 34 OF IPC.
CRIMINAL PETITION NO.7571/2017 IS FILED U/S.438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.241/2017 OF SAKALESHPURA TOWN POLICE STATION, HASSAN WHICH IS REGISTERED FOR THE OFFENCE P/U/S 324, 326, 504, 506 R/W 34 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These two petitions are in respect of the same crime number. Hence, they are taken up together to dispose of them by this common order in order to avoid repetition of discussion on facts and law.
2. Crl.P.No.7570/2017 is filed by the petitioner – accused No.1 under Section 439 of Cr.P.C. and Crl.P.No.7571/2017 is filed by the petitioner – accused No.2 under Section 438 of Cr.P.C. seeking bail in respect of the offences punishable under Sections 324, 326, 504 and 506 read with Section 34 of IPC registered by the respondent – police in Crime No.241/2017.
3. Heard the arguments of the learned counsel appearing for the petitioners and also learned HCGP for the respondent – State.
4. Learned counsel for the petitioners made the submission that petitioners are not at all involved in the said incident. There is false implication of the petitioners in the said offences. He also made the submission that even with regard to the injury is concerned, the prosecution material itself goes to show that injured was discharged on the next day of the incident. From the date of arrest petitioner – accused No.1 is in custody. The major offence alleged is under Section 326 of IPC. All the offences alleged are triable by the Magistrate Court. Hence, he prays for allowing the bail petitions.
5. Learned HCGP opposes the petitions on the ground that the said incident has been taken place in the Court premises. Therefore, the petitioner – accused No.1 is not having regards, that he was in the Court premises. Even then, he has been involved in committing the said offences. Hence, he submitted that the petitioners are not entitled to be granted with regular bail as well as anticipatory bail respectively.
6. Perused the materials placed on record. So far as the injury is concerned, accused No.1 has been discharged on the very next date of the incident as contended by the learned counsel for the petitioner. Sofar as petitioner – accused No.2 is concerned, the only allegation in the complaint is that he assaulted the complainant with hands. All the offences are triable by the Magistrate Court and they are not exclusively punishable with death or imprisonment for life. Therefore, looking to the materials on record, I am of the opinion that the petitioner – accused No.1 in Crl.P.No.7570/2017 is entitled to regular bail. The petitioner – accused No.2 in Crl.P.No.7571/2017 is entitled to anticipatory bail.
7. Accordingly, petitions are allowed.
Petitioner - accused No.1 is ordered to be released on bail for the offences punishable under Sections 324, 326, 504 and 506 read with Section 34 of IPC registered by the respondent – police in Crime No.241/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one surety for the likesum to the satisfaction of the concerned Court.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to appear before the concerned Court regularly.
In Crl.P.No.7571/2017, the respondent-Police is directed to enlarge the petitioner – accused No.2 on bail in the event of his arrest for the alleged offences punishable under Sections 324, 326, 504 and 506 read with Section 34 of IPC registered by the respondent – police in Crime No.241/2017, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.50,000/- and has to furnish one surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. The petitioner has to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
VMB Sd/- JUDGE