IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4028/2019 C/W CRIMINAL PETITION No.4029/2019 Crl. P. No.4028/2019 Between:
Chandu N. Rao, S/o Nagabhushan Rao, Aged about 24 years, R/at No.107/2, Kshethraiah Road, 2nd Cross, K.R. Mohalla, Mysuru – 570 001. … Petitioner (By Sri Kumara K.G., Advocate) And:
State of Karnataka by Police Sub Inspector, Krishnaraja Police Station, Mysuru -570 001.
(Represented by Learned State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001). … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioner on bail in Cr. No.46/2019 of Krishnaraja Police Station, Mysore for the offences p/u/s 504, 354, 324, 307, 427, 506 r/w 34 of IPC.
Crl. P. No.4029/2019 Between:
1. Manoj P. @ Manoj Kumar, @ Pakkali, S/o Puttalinganayaka, Aged about 22 years, R/at No.243, Gollageri, Chamaraja Mohalla, Lakshmipuram, Mysore – 570 004.
2. Mahesha @ Mahesh Kumar S., @ Gandhi, S/o D. Srinivas, Aged about 24 years, R/at No.540/1, K-15/1, Veene Sheshanna Road, Near Shanthala Talkies, K.R. Mohalla, Mysuru – 570 001.
3. Harshith Gowda S. @ Amavase, S/o V. Somashekar, Aged about 25 years, R/at No.1145/1, Manasara Road, Ittigegud, Mysuru – 570 001. … Petitioners (By Sri Kumara K.G., Advocate) And:
State of Karnataka by Police Sub Inspector, Krishnaraja Police Station, Mysuru -570 001.
(Represented by Learned State Public Prosecutor, High Court of Karnataka, Bengaluru – 560 001). … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of the Cr.P.C., praying to enlarge the petitioners on bail in Cr. No.46/2019 registered by Krishnaraja Police Station, Mysuru City for the offences p/u/s 504, 354, 324, 307, 427, 506 r/w 34 of IPC.
These Criminal Petitions coming on for orders this day, the Court, made the following:
ORDER Crl.P.No.4028/2019 and Crl.P.No.4029/2019 arise out of petitions filed by accused relating to the same case and hence are taken up together and disposed of by a common order. Crl.P.No.4028/2019 has been filed by accused No.2 while Crl.P.No.4029/2019 has been filed by accused Nos. 1, 3, and 4 seeking to be enlarged on bail in connection with their detention pursuant to the proceedings in Crime No.46/2019 for the offences punishable under Sections 504, 354, 324, 307, 427, 506 read with Section 34 of IPC.
2. The case of the prosecution is that a complaint was lodged on 16.05.2019 stating that the complainant, his wife and neighbours had gone to Ooty from Bangalore and after staying at Ooty came back to Mysore on 19.05.2019. It is stated that when they were proceeding to Balamuri, at about 2.30 p.m., at the traffic signal, 4 persons i.e., accused came near the vehicle and picked up a quarrel and when the vehicle moved on the signal turning green, the complainant was asked to stop the vehicle and it is alleged that the accused had assaulted the women in the car. The complainant and other persons are stated to have been injured and complaint was lodged as regards the said incident. FIR is registered as regards the aforestated offences and investigation is in progress.
3. Learned counsel for the petitioners states that there are no criminal antecedents and the alleged incident is at a traffic signal and even if the version of the prosecution is to be accepted the incident has occurred at the spur of the moment, and even otherwise no case is made out to continue detention. It is noticed that the petitioners are in custody since 20.05.2019 and the said period of detention is sufficient for custodial interrogation and looking into the nature of offence made out, proof of offence being a matter for trial, present proceedings cannot be construed to be punitive. Accordingly the petitioners are entitled to be enlarged on bail.
4. In the result, the bail petitions filed by the petitioners under Sec. 439 of Cr.P.C. are allowed and the petitioners are enlarged on bail in Crime No.46/2019 for the offences punishable under Sections 504, 354, 324, 307, 427, 506 read with Section 34 of IPC, subject to the following conditions:
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.46/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) each with a surety for the likesum before the concerned court.
(ii) The petitioners shall mark their attendance before the Investigating Officer once in fortnight between 10.00 a.m. and 5.00 p.m., till filing of the charge sheet.
(iii) The petitioners shall not tamper with evidence, influence in any way any witness.
(iv) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE VP