IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.1773 OF 2019 Between:
1. Jagadish S/o Shivanna Aged about 25 years, R/at Koramangala Village, Magadi Taluk, Ramanagar District-562 120.
2. Jayanna @ Jayarama T.H., S/o Honnaiah, Aged about 68 years, Tavarekere Village, Magadi Taluk, Ramanagara District-562 120.
(By Sri. Arun Kumar Y.H, Advocate) And:
The State of Karnataka, Through Nandi Giridhama P.S. Chikkaballapura, Represented by the Special Public Prosecutor, High Court of Karnataka, Bengaluru-560 001.
(By Sri. Divakar Maddur, HCGP) …Petitioners ... Respondent This Criminal petition filed under Section 438 of Cr.P.C, praying to enlarge the petitioner on bail in the event of their arrest in Cr.No.10/2019 of Nandi Giridhama Police station, Chickballapura for the offence punishable under Section 506, 504, 148, 149, 143, 147, 365, 323, 324 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER The petitioners, arraigned as accused Nos.1 and 2 in Crime No.10/2019 of Nandigiridhama Police Station, have filed this petition seeking anticipatory bail in connection with the said crime number registered for the offences punishable under Sections 506, 504, 148, 149, 143, 147, 365, 323 and 324 of IPC.
2. I have heard the learned counsel for the petitioners and learned HCGP appearing for respondent-State.
3. The complaint is lodged by one Sri.K.V.Venugopala Swamy, stating that he is serving as assistant cook in Nandigiridhama Children Government Hospital since eleven months and on 21.09.2019 one Harish called him over phone and asked for Rs.5,000/-. On 31.01.2019 at about 5.30 P.M, the accused-Jagadish by posing as CCB police, took him informing that he is required in some theft case and took him to a Eucalyptus grove and asked the whereabouts of one Harish and when he pleaded his ignorance another twelve persons came in a car and motor cycles forming an unlawful assembly and committed rioting using force and violence and the accused threatened him with dire consequences and assaulted him with hands, bottles etc., 4. The learned counsel appearing for the petitioners contended that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. The alleged offences are not punishable with death or imprisonment for life and they are ready to abide by any conditions which may be imposed by this Court and accordingly he seeks to enlarge the petitioners on anticipatory bail.
5. Per contra, learned HCGP appearing for respondent-state contended that the petitioners are absconding and investigation is not yet completed and the petitioners are required for custodial interrogation and accordingly seeks to dismiss the petition.
6. As per the complaint allegations, the accused took the complainant to a Eucalyptus grove and enquired about a girl, who is none other then the daughter of the second petitioner. It is further alleged that twelve other persons came there in a car and motor cycles and threatened the complainant and also assaulted him with hands and bottles. However, there are no allegations with regard to the petitioners having caused any serious injuries to the complainant. The FIR itself discloses that the second petitioner was saying not to assault the complainant.
7. Considering the entire facts and circumstances of the case, I am of the view that petitioners may be enlarged on anticipatory bail by imposing conditions. Hence, I pass the following:-
ORDER Petition is allowed. In the event of arrest of the petitioners in Crime No.10/2019 of Nandigiridhama Police Station, registered for the offences punishable under Sections 506, 504, 148, 149, 143, 147, 365, 323 and 324 of IPC they shall be enlarged on anticipatory bail subject to following conditions:
1. Petitioners shall make themselves available before the Investigating Officer within a period of ten days from the date of receipt of copy of this order.
2. They shall execute a personal bond for a sum of `50,000/-(Rupees Fifty Thousand Only) with two sureties each for the likesum.
3. They shall not tamper with the prosecution witness or hamper the case of the prosecution in any manner.
4. They shall mark their attendance before the concerned police station on every Sunday between 10.00 am to 4.30 pm till the filing of the charge sheet.
5. If any of the conditions are violated then the prosecution is at liberty to move for cancellation of bail.
In view of disposal of the petition, IA.No.1/2019 does not survive for consideration. Accordingly, IA.No.1/2019 is disposed.
Sd/- JUDGE ag