IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1345/2019 BETWEEN:
Arunkumar.A, S/o Anand Kumar B.K. Aged 32 Years, R/At No.4/C Railway Quarters, Srirangapatna Town, Mandya District - 571 438. ...Petitioner (By Sri.K.A.Chandrashekara, Advocate) AND:
The State of Karnataka By the Police of Srirangapatna Police Station Magadi Taluk Mandya District - 571 438 Represented by the State Public Prosecutor High Court of Karnataka, Bengaluru - 560 001. ... Respondent (By Sri M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.453/2018 of Srirangapatna P.S., Mandya District for the offence P/U/S 143, 504, 323, 341, 384, 506 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners/accused No.7 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.453/2018 of Srirangapatna Police Station for the offences punishable under Sections 143, 504, 323, 341, 384 and 506 of IPC.
2. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 14.11.2018 at about 7.00 p.m., when the complainant was driving his car bearing Reg.No.KA-09-ME-0156 along with his colleague advocate. When the said car was moving near Railway Station, the front wheel of the Car bursted and the driver lost the control of the car and hit the Auto rickshaw parked in front of the Railway Station. At that time, Hotel boy scolded the complainant and also pulled him out of the Car holding his shirt collar and the Auto drivers namely, Venkatesh and other some 15, abused the complainant in filthy language. Though the complainant told them, he is an Advocate and will pay the compensation but all the said persons assaulted him on his Head, Face, Back, Thigh and so also hands. His brother and his colleague tried to rescue him but they all assaulted him and challenged him. In this scuffle somebody snatched his gold chain weighing around 20 grams. On the basis of the said complaint, the case has been registered.
4. It is the submission of the learned counsel for petitioner that the alleged offences are not punishable with death or imprisonment for life. It is further submitted that no serious overt-acts are alleged against the petitioner/accused No.7, all allegations are as against the accused No.1 only. The only allegation said to have been made against the accused No.7 is that member of said unlawful assembly and assaulted the injured with hands. It is further submitted that already accused Nos.1, 4, 5 and 6 have been released on bail. On the ground of parity, the present petitioner is also entitled to be released on bail. The petitioner/accused No.7 is ready to abide by any conditions that may be imposed on him by this Court and ready to offer sureties. On these grounds, he prays to allow the petition and to release the petitioner/accused No.7 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.7 has committed heinous offence along with other accused persons. He has snatched the gold chain of the complainant. It is further submitted that he has assaulted the complainant with hands and abused him in a filthy language. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. Though it is contended that the petitioner/accused No.7 has snatched the chain from the neck of the complainant but the complaint itself discloses the fact that somebody has snatched the gold chain. There are no specific overt-acts alleged as against the petitioner/accused No.7. Be that as it may, already accused Nos.1, 4, 5 and 6 have been released on bail by the trial court and no other criminal antecedents have been made against the petitioner/accused No.7. Though the alleged offences are not punishable with death or imprisonment for life. Under the said facts and circumstance, I feel that by imposing some stringent conditions, if the petitioner/accused No.7 is released on bail, it is going to meet the ends of justice.
8. In the light of discussions held by me above, petition is allowed and the petitioner/accused No.7 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.453/2018 of Srirangapatna Police Station for the offences punishable under Sections 143, 504, 323, 341, 384 and 506 of IPC, subject to the following conditions:
1. Petitioner/accused No.7 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall co-operate with the Investigating Officer for the purpose of investigation.
4. He shall not tamper with the prosecution evidence either directly or indirectly.
5. He shall not leave the jurisdiction of the Court without prior permission 6. He shall mark his attendance once in a month, i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the charge sheet is filed.
Sd/- JUDGE KTY