IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.8159/2019 BETWEEN:
1. Harish Naik, S/o Krishna Naik, Aged about 29 years, Agricultural Coolie, 2. Taresh Naik, S/o Halesh Naik, Aged about 18 years, 3. Murali Naik, S/o Ramanaik, Aged about 26 years, Agricultural Coolie, All are R/o Narayanapura Village, Shivamogga Taluk, Shivamogga District – 577 201. (By Sri.Balraj K.N., Advocate) AND:
State of Karnataka, Represented by Nyamathi Police Station, …Petitioners Nyamathi, Honnali Taluk, Davanagere District.
Represented by State Public Prosecutor, High Court of Karnataka, Bangalore – 560 001.
(By Sri.Honnappa, HCGP) …Respondent 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 Cr.No.124/2019 of Nyamathi Police Station, Davanagere For the offence P/U/S 143, 147, 148, 307, 323 read with Section 149 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 learned HCGP for the respondent-State. Perused the records.
2. Petitioners are arraigned as accused Nos. 2, 4 and 5 in Crime No.124/2019 of Nyamathi Police Station, Davanagere, for the offence punishable under Sections 143, 147, 148, 307, 323 read with Section 149 of IPC.
3. A person by name Nagaraja has lodged a complaint stating that he is a resident of Savalanga Village, Nyamathi Taluk, Davanagere. On 29.09.2019, at about 7.30 PM, there was a procession of Ganapathi Idol. The said procession came near Savalanga Circle, at that time, some of the boys were dancing. However, five persons were causing mischief by pushing and pulling the people who were dancing in the procession. In this context, the complainant and other two by names, Anil and Ningaraj have told them, if they want to participate in the procession, they have to mend their conduct. In this background, the accused No.1-Lohit Naik has assaulted the complainant, Anil and Ningaraj. One Karibasappa came to rescue the complainant, at that time petitioners have assaulted Karibasappa and he escaped from the clutches of the accused No.1. On the basis of these allegations, the respondent-Police have registered a case and investigating the matter.
4. On perusal of the records, it shows that the whole allegations are made against accused No.1 who actually assaulted the complainant and others and it is alleged that accused persons have also assaulted Karibasappa. It appears that there were two groups and clash took place between them. There are chances that one group implicating the another group and also truth or otherwise has to be thrashed out during the course of full dressed trial.
5. Under these circumstances, in my opinion, the petitioners have made out a ground for grant of anticipatory bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners- accused Nos.2,4 and 5 shall be released on bail in the event of their arrest in connection with Crime No.124/2019 of Nyamathi Police Station, Davanagere, for the alleged offences, subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute (their respective) personal bonds for a sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in a week i.e, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
SD/- JUDGE SB