IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16th DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL PETITION NO.1949/2019 BETWEEN:
Mr.Fairoz Ahmed, 35 years, S/o late U.M.Mohammad, Occ: Business, R/at No.7/101, Ex-Pradhan House,Ullal Village, Mangalore Taluk – 575001. …Petitioner (By Sri.Dinesh Kumar K. Rao, Adv. for Sri. R.B.Deshpande, Adv.) AND:
The State of Karnataka, By Mangalore East Police Station, Mangalore – 575001. …Respondent (By Sri.Divakar M.Maddur, HCGP) This criminal petition is filed u/s.438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.25/2019 of Mangalore East P.S., Mangalore City for the offences punishable under Sections. 279, 504, 341, 323, 353, 427 r/w Section 34 of IPC and 2(A) of Karnataka Prevention of Destruction and Loss of Property Act, 1981.
This petition coming on for orders this day, the Court made the following;
ORDER The present petition has been filed by the petitioner/ accused No.1 under Section 438 of Cr.P.C, to release him on anticipatory bail in Crime No.25/2019 of Mangalore East Police Station registered for the offences punishable under Sections.279, 504, 341, 323, 353, 427 r/w Section 34 of IPC and 2(A) of Karnataka Prevention of Destruction and Loss of Property Act, 1981.
2. This case is taken for consideration out of turn, as the learned counsel for the petitioner pleads urgency on the ground that petitioner/accused has suffered fracture in the alleged incident and he has to undergo for operation.
3. The gist of the complaint is that complainant is working as a driver-cum-conductor in KSRTC and on 19/02/2019 when he was coming from Mangalore to Dharmasthala in a bus bearing No. KA-19F-2923 at about 8.15 P.M, near Karavali Circle, a car bearing No.KA-19-MF- 0648, which was parked in the left side of the road suddenly came in front of the bus and dashed to the bus, due to which, damage was caused to the bus and car. When the complainant went and saw the damage caused to the bus, driver of the car came there and started scolding him in filthy language and thereafter assaulted on his face with hands. On the basis of complaint, a case has been registered against the petitioner/accused and other accused persons for the said offences.
3. I have heard the learned counsel for the petitioner/accused and the learned High Court Government Pleader for respondent-State.
4. It is the submission of the learned counsel for the petitioner that after the accident, altercation took place between the drivers of both the vehicles, a case and counter case have been registered as against four unknown persons. He further submitted that to overcome their misdeeds, a false complaint has been registered. He further submitted that petitioner has also sustained injuries during the alleged incident and the alleged offences are not punishable with death or imprisonment for life. It is further submitted that petitioner is ready to abide by the conditions imposed by the Court and is ready to offer sureties. On these grounds, he prayed to allow the petition.
5.Learned HCGP, appearing for the respondent/State argued and submitted that the petitioner/accused is involved in the alleged crime. In the first instance, he has caused damages to the bus and thereafter assaulted the Government servant while discharging his duties as a driver. He further submitted that the accused/petitioner immediately after the incident is absconding and if bail is granted, he may not be available for trial and he may also be tamper the prosecution witnesses. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions of the learned counsel for the parties and perused the records.
7. On a close reading of the complaint and other materials discloses the fact that there was an accident and a case and counter case have been registered and even in the alleged incident petitioner/accused has also sustained injuries. Though it is alleged in the complaint that petitioner/accused has assaulted the complainant while discharging his duties as a Government servant, which fact has to be ascertained only after the trial. The alleged offences are not punishable with death or imprisonment for life. In the circumstances, I feel that on stringent conditions, if the petitioner/accused is released on bail, it will meet the ends of justice.
8. In the result, the petition is allowed.
Petitioner/accused is ordered to be released on anticipatory bail in Crime No. 25/2019 of Mangalore East Police Station, on the following conditions;
i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) Petitioner shall surrender before the Investigating Agency within 15 days from today.
iii) Petitioner shall mark his attendance once in a month i.e. on every 1st between 10.00 a.m. to 5.00 p.m., before the concerned police station till the charge sheet is filed.
iv) Petitioner shall not tamper with the prosecution evidence in any manner directly or indirectly.
v) Petitioner shall not leave the jurisdiction of the Court without prior permission.
vi) Petitioner shall co-operate with the investigation officer for interrogation.
Msu Sd/- JUDGE