IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22nd DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.763/2019 BETWEEN :
1. Ismail S/o Peer Sab Aged about 27 years 2. Rizwan S/o Peer Sab Aged about 27 years 3. Samiulla @ Shameem S/o Peer Sab Aged about 27 years 4. Saddam S/o Musheer Aged about 23 years Agriculturist All are Agriculturist, R/o. Sultanipura Village Chitradurga Taluk Chitradurga District-577 501.
(By Sri S.G.Rajendra Reddy, Advocate) AND :
… Petitioners 1. The State by Bharamasagara Police Station Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
2. Veeresh T.
S/o Thimmappa T Aged about 35 years Occ: P.D.O., R/o Behind I.B. Bharamasagara Village Chitradurga Taluk & District-577 201.
… Respondents (By Smt. Namitha Mahesh B.G., HCGP for R1;
R2 is served & unrepresented) 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.244/2018 registered by Bharamasagara Police Station, Chitradurga, for the offences punishable under Sections 143, 147, 148, 307, 353, 504 and 506 r/w. Section 149 of IPC and Section 3(1)(r)(s) and 3(2)(v) of SC/ST (POA) Act.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused 5 to 8 under Section 438 of Cr.P.C. praying to release them on anticipatory bail in Crime No.244/2018 of Bharamasagara Police Station for the offences punishable under Sections 143, 147, 148, 353, 307, 504, 506 r/w. 149 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v) of SC & ST (Prevention of Atrocities) Act, 1989 (‘SC & ST Act’ for short), pending on the file of II Additional District and Sessions Judge, Chitradurga.
2. I have heard the learned counsel for the petitioners and the learned HCGP for the first respondent-State. Though the notice is served on the complainant-second respondent, he has remained absent.
3. The gist of the complaint is that on 22.8.2018 at about 12.30 p.m., the complainant received an information that there is water problem in Sultanipura Village. Thereafter, the complainant and one Santhosh Naik, Peon of Gram Panchayath went to Sultanipura and asked the Waterman Mohammed Peersab as to why he has not released the water to the general public, for which the waterman told that he has already released the water but somebody given a false information. At that time, public who were present told that they have not received any water. At that time, accused Nos.1, 2, 3 and 4 obstructed the public servant to discharge his duties and assaulted the complainant with iron rod on the head when Santhosh Naik intervened, he has also been assaulted with the same weapon. Immediately injured were shifted to the hospital where the statement of the complainant was recorded and the complaint has been registered.
4. It is the submission of the learned counsel for the petitioners that the name of the petitioners-accused Nos.5 to 8 were not found in the complaint. He further submitted that there are no allegations made in the complaint alleging that the petitioners by taking the name of the caste of the complainant abused him and thereby committed the offences under the SC & ST Act. He further submitted that there is a delay in filing the complaint. He further submitted that the injuries suffered by the complainant are simple in nature. He has been already discharged from the hospital and he is out of danger. The alleged offences are not punishable with death or imprisonment for life. The petitioners are ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioners have obstructed the Government servant while he was discharging his duties. She further submitted that the petitioners are absconding and they were not available for investigation or interrogation. If they are granted anticipatory bail, they may abscond and they may not be available for trial. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On close reading of the contents of the complaint, it would indicate that first information states about the offences punishable under the SC & ST Act, but the complaint discloses that nowhere such allegations are attributed as against the petitioners. Hence, there is no impediment for this Court to exercise the power under Section 438 of Cr.P.C. to release the petitioners on anticipatory bail. As could be seen from the injury certificate, injuries suffered by the injured are simple in nature and he has been discharged from the hospital and he is out of danger. The alleged offences are not punishable with death or imprisonment for life. Under such circumstances, I feel that by imposing some stringent conditions, if the petitioners-accused Nos.5 to 8 are ordered to be released on anticipatory bail, it would meet the ends of justice.
Accordingly, the petition is allowed and the petitioners-accused Nos.5 to 8 are granted anticipatory bail. In the event of their arrest in Crime No.244/2018 of Bharamasagara Police Station for the offences punishable under Sections 143, 147, 148, 353, 307, 504, 506 r/w. 149 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v) of SC & ST (Prevention of Atrocities) Act, 1989, pending on the file of II Additional District and Sessions Judge, Chitradurga, the petitioners herein are ordered to be released, subject to the following conditions:-
i) Each of the petitioners shall execute personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) They shall surrender before the Investigating Officer within fifteen days from today.
iii) They shall not tamper with the prosecution evidence in any manner.
iv) They shall not leave the jurisdiction of the trial Court without prior permission.
v) They shall mark their attendance before the jurisdictional police on 1st of every month between 10.00 a.m. and 5.00 p.m. till the chargesheet is filed.
*ck/-
Sd/- JUDGE