IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.6984/2017 Between:
1. Byresha S/o Siddanayaka Aged about 24 years 2. Siddanayaka S/o Byranayaka Aged about 50 years Both are R/at Harale village Kollegala Taluk Chamarajanagar District-571313 …Petitioners (By Sri Shivaramu H.C., Advocate) And State of Karnataka by Kollegala Rural Police Station Represented by State Public Prosecutor High Court Buildings Bengaluru- 560 001. …Respondent (By Sri S.Vishwamurthy, HCGP.) This criminal petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Crime No.75/2017 of Kollegala Rural Police Station, Chamarajanagar, which is registered for the offence p/u/s 504, 341, 324, 323, 354(B) and 506 r/w 34 of IPC..
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
2. The petitioners are arraigned as accused No.1 and 2 at coloumn No.6 of the FIR bearing No.75/2017 registered by the respondent-police in respect of the offence punishable under sections 504, 341, 324, 323, 354(B), 506 r/w section 34 of IPC.
3. The allegation is, during the morning hours of 27.04.2017 over a row in respect of the flow of storm water in the drainage, the 1st accused abused the complainant filthily and manhandled him and the 2nd accused/son of the 1st accused assaulted him with a re-piece, etc. During the spot mahazar, re-piece allegedly used for the commission of the offence is seized.
4. Sri Shivaramu H.C., learned counsel for the petitioner submits that the 2nd petitioner herein has filed a complaint before the respondent-police against the complainant of this petition and his family members in respect of the very same incident for which the present case is registered and all the accused in the said case are on bail.
5. Even otherwise, the incident appears to be instantly. The petitioners are not shown to have any criminal antecedents. In the given circumstances, the petition is allowed. Petitioners are granted anticipatory bail in Crime No.75/2017 registered by the respondent- Police subject to the conditions that;
(i) They shall appear before the Investigating Officer forthwith. In the event, the Investigating Officer is at liberty to interrogate them, If they are arrested by the respondent-Police, they shall be released on bail on each of them executing a self bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the likesum to the satisfaction of the concerned Court.
(ii) They shall not threaten or prevail upon the complainant and other prosecution witnesses.
Sd/- JUDGE DL