IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9687/2018 BETWEEN:
1. B.N.Ramesh Aged about 56 years, S/o Nanjaiah, R/o No.13, 9th Cross, Pipeline, Malleshwaram, Bengaluru – 560 003.
2. Radhakrishna Aged about 48 years, S/o Late Narasimharao, R/o No.15/2, ‘C’ Main, Pipeline, Basappa Garden, Malleshwaram, Bengaluru – 560 003.
3. Gangadhar S/o Late Kapanayya Aged about 66 years, R/o. No.3, 8th Cross near Lakshmi Oil Shop, Malleshwaram, Bengaluru – 560 003.
...Petitioners (By Sri.S.Venkatesh, Advocate) AND:
State of Karnataka by By Chikkaballapura Town Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001.
(By Sri. K.P. Yoganna, HCGP) ... Respondent This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in Crime No.117/2011 (C.C.No.1150/2015) of Chikkaballapura District for the offence punishable under Sections 354, 506, 504 read with 34 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 Nos.2 to 4 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in CC No.1150/2015 (Crime No.117/2018 of Chikkaballapura Town Police Station) on the file of Principal Civil Judge (Jr.Dvn) and JMFC, Chikkaballapura District for the offences punishable under Sections 504, 506, 354 read with Section 34 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. It is the submission of learned counsel for the petitioners that petitioners/accused Nos.2 to 4 were released on bail by the trial Court and thereafter, on filing of the charge sheet because of the wrong advice given by accused No.1 they remained absent and the Court below has issued non bailable warrant (NBW) and they apprehend their arrest. He further submits that already split-up case has been made as against the petitioners/accused Nos.2 to 4. Accused No.1 has been tried by the trial Court and he has been acquitted on 19.09.2018. He further submits that the petitioners/accused Nos.2 and 4 are ready to co-operate with the investigation, abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.2 to 4 on bail.
4. Per contra, learned High Court Government Pleader vehemently argued and submitted that after release of the petitioners/accused Nos.2 to 4, they remained absent and now the Court has registered a split-up case against petitioners/accused Nos.2 to 4 and issued NBW because they are absconding and avoiding the trial. He further submits that if petitioners/accused Nos.2 to 4 are released on bail, they may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
5. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
6. It is not in dispute that already accused No.1 has been tried by the trial Court and he has been acquitted by the judgment dated 19.09.2018. The alleged offences are not punishable with death or imprisonment for life. The only contention of the learned HCGP is that accused are absconding and they are not available for the trial before the Court below. It is the submision of the learned counsel for the petitioners that only because of wrong advice of accused No.1 as they are close relatives, they remained absent. If the petitioners/accused Nos.2 to 4 are granted anticipatory bail with stringent conditions, the interest of the prosecution can be protected.
7. In the light of the above facts and circumstances, petition is allowed and the petitioners/accused Nos.2 to 4 are ordered to be released on anticipatory bail, in the event of their arrest in CC No.1150/2015 (Crime No.117/2018 of Chikkaballapura Town Police Station) on the file of Principal Civil Judge (Jr.Dvn) and JMFC, Chikkaballapura District for the offences punishable under Sections 504, 506, 354 read with Section 34 of IPC, subject to the following conditions:
1. In the event of their arrest, the Investigating Officer is directed to enlarge them on bail on they being executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties each for the likesum to the satisfaction of the Investigation Officer.
2. They shall surrender before the Investigation Officer within 15 days from today.
3. They should be regular in attending the Court.
4. They shall not tamper with the prosecution evidence either directly or indirectly.
5. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station till the trial is concluded.
6. They shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE UN