IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY, 2019 BEFORE THE HON’BLE Dr.JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL PETITION NO.2272 OF 2019 BETWEEN:
FAROOQ ANAJE S/O.KANTHIJAMMA AGED ABOUT 35 YEARS R/AT ANAJE HOUSE NARIMOGRU VILLAGE PUTTUR TALUK ...PETITIONER (BY SRI SACHIN B.S., ADVOCATE) AND:
STATE OF KARNATAKA BY PUTTUR TOWN PS. REP. BY SPP HIGH COURT BUILDING BENGALURU-560 001 ...RESPONDENT (BY SRI DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO DIRECT THE RESPODNENT TO RELEASE THE PETITIONER ON BAIL IN THE EVENT OF ARREST IN CONNECTION WITH CRIME NO.24/2019 REGISTERED BY PUTTUR TOWN POLICE STATION ON THE FILE OF THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AND ACJM COURT, PUTTUR, DAKSHINA KANNADA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 279, 332 AND 353 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING:
O R D E R Heard both sides on the petition.
2. The summary of the allegation leveled against the petitioner in the FIR is that the petitioner instead of stopping his Bullet motor cycle at the signal and sign of the Traffic Police rather increased speed and dashed to the Police Officer, who is said to have asked the petitioner to stop his motor cycle. Accordingly, the offences punishable under Sections 279, 332 and 353 of IPC are lodged against the petitioner in the FIR.
3. Learned Counsel for the petitioner submits that the petitioner has been falsely implicated in the matter and on the alleged date of incident, the petitioner was not at all riding the motor cycle in the alleged place. However, the Police may be by mistake or confusion have lodged a false complaint based on the false registration number recorded by them of the motor cycle.
4. Learned High Court Government Pleader submits that the petitioner has committed the offences against the public servant on duty apart from rash riding of the motor cycle.
5. A perusal of the material placed before this Court including the FIR go to show that the main allegation is of the petitioner not stopping his motor cycle at the signal and instructions of the Police Officer. It is not convinced at the submission made by the learned High Court Government Pleader that for the investigation of the said crime alleged to have committed by the accused, the apprehension of the petitioner/accused is required in any manner. However, the apprehension of the prosecution that the accused may flee from justice can be checked by imposing reasonable restrictions. Accordingly, I proceed to pass the following:
ORDER The petition is allowed.
In the event the petitioner is arrested by Puttur Town Police Station in Crime No.24/2019 for the offences punishable under Sections 279, 332 and 353 of IPC, he shall be enlarged on the relief of anticipatory bail subject to conditions that:
i) He shall execute a personal bond for a sum of `30,000/- (Rupees Thirty Thousand only) with two sureties for the likesum to the satisfaction of the enlarging authority.
ii) He shall appear before the Investigating Officer on every 1st and 3rd Thursday of the month between 9.00 a.m. and 1.00 p.m., and mark his attendance till the investigation is completed and final report is filed.
iii) He shall not hamper and tamper the prosecution witnesses in any manner.
iv) He shall appear before the concerned Magistrate, where this criminal case is pending within three weeks from today.
Sd/- JUDGE LB