IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.8937/2018 BETWEEN:
Ashok @ Ashok Kumar B.K. @ Bahubali S/o Kavalu Kalappa Aged about 41 years Ballenahalli Village, Arasikere Taluk, Hassan District-573 103 C/o T.L. Palya, Tiptur Town Tumakuru District-572 201.
(By Sri Rajaram Sooryambail, Advocate) AND:
State by Tiptur Town Police Station Represented by its State Public Prosecutor High Court Building High Court of Karnataka Bengaluru-560 001.
…Petitioner … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.108/2018 of Tiptur Town Police Station, Tumakuru, for the offences punishable under Sections 323, 324, 307, 353, 427, 504 and 506 of Indian Penal Code and Section 2(a) of Prevention of Destruction and Loss of Public Property Act, 1981.
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 petitioner/ accused under Section 439 of Cr.P.C. to release him on bail in Crime No.108/2018 of Tiptur Police Station for the offences punishable under Sections 323, 324, 307, 353, 427, 504, 506 of Indian Penal Code and Section 2(a) of Prevention of Destruction and Loss of Public Property Act, 1981.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The genesis of the complaint are that on 17.7.2018 when police officials are on patrolling duty they received credible information that some unknown persons brought iron rod and repieces in an auto rickshaw and abusing public in filthy language and attacking the public. They went to the spot and there they noticed that in an auto rickshaw bearing Registration No.KA.44-1248 the accused persons were assaulting one Prakash of Indira Nagar, they tried to rescue the said person, the accused persons attacked Ranganath with repiece and assaulted on his right leg and caused injuries and they made an attempt to kill Harish by dropping size stone on his head with an intention to kill him. However, the stone fell on the left leg of Harish and caused injuries to him. Thereafter, accused removed his clothes and started shouting at the public. When complainant and driver of the jeep went to pacify him, he restrained them from discharging public duty and abused them in filthy language and damaged two KSRTC buses bearing registration Nos.KA.31 F.1446 and KA.14 F.0038 and also to the jeep, thereby caused damage to public property. On the basis of the said complaint, a case has been registered in the above said crime number.
4. It is the submission of the learned counsel for the petitioner that already charge sheet has been filed. The alleged offences are not punishable with death or imprisonment for life. A false case has been registered against him. He further submitted that the injuries suffered by the injured are simple in nature and they have been already discharged from the hospital. He further submitted that the petitioner/accused is no longer required for the purpose of further investigation or interrogation. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the injuries suffered by Ranganath are simple in nature, but the injuries suffered by Harish are grievous in nature and there is pain and tenderness over the left leg, fracture of 2nd and 3rd metatarsal bone of left leg. The injury No.1 is simple in nature, but the injury No.2 is grievous in nature. He further submitted that the accused has created public nuisance and damaged to the public property and they have also obstructed in discharging duties by the Government servants. On these grounds he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records.
7. On going through the records it is alleged that the petitioner/accused damaged to the public properties and also assaulted two persons. The first person Ranganath who has been assaulted has suffered with simple injuries and Harish has suffered with pain and tenderness over the left leg and fracture of 2nd and 3rd metatarsal bone of left leg and the said injury is grievous in nature and the injured persons are discharged from the hospital. Already charge sheet has been filed and the custodial detention of the petitioner/accused is not necessary, by imposing some stringent conditions, if the petitioner/accused is ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of the discussions held by me above, the petition is allowed and petitioner/accused is ordered to be released on bail in Crime No.108/2018 of Tiptur police station for the offences punishable under Sections 323, 324, 307, 353, 427, 504, 506 of Indian Penal Code and Section 2(a) of Prevention of Destruction and Loss of Public Property Act, 1981, subject to the following conditions:
i) The petitioner 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 trial Court.
ii) He shall not tamper with the prosecution evidence directly or indirectly.
iii) He shall be regular in attending the trial.
iv) He shall not leave the jurisdiction of the Court without prior permission of the Court.
Sd/- JUDGE *AP/-