IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.6916 OF 2017 BETWEEN:
1. K.T.SHIVAKUMAR S/O THIPPAIAH, AGED ABOUT 36 YEARS, PRESIDENT ONDEMANTHARAM JAGRUTHI VEDIKE, R/O. P & T BADAVANE, NEAR GNANABHARATHI SCHOOL, CHITRADURGA-577 501.
2. K.T.RAGHAVENDRA S/O THIPPAIAH, AGED ABOUT 32 YEARS, CAR CRIVER, R/O. POLICE BAR LANE, CHITRADURGA-577 501.
3. RAMAKUMAR G., S/O GIRISH, AGED ABOUT 21 YEARS, STUDENT, 4. RAMDAS S/O NAGARAJ, AGED ABOUT 32 YEARS, PAINTER, 5. DHANRAJ S/O MANJUNATH, AGED ABOUT 21 YEARS, STUDENT 6. DHRUVAKUMAR G S/O GURUMURTHY, AGED ABOUT 25 YEARS, STUDENT PETITIONER Nos. 3 TO 6 ARE R/O. KSRTC DEPOT ROAD, CHITRADURGA- 577 501.
... PETITIONERS (BY SRI MARUTHI G.B., ADV.,) AND:
THE STATE OF KARNATAKA CHITRADURGA TOWN POLICE, CHITRADURGA DISTRICT-577 501. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE- 560 001.
... RESPONDENT (BY SRI CHETAN DESAI, HCGP) * * * THIS CRL.P FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.59/2017 OF CHITRADURGA TOWN POLICE STATION, CHITRADURGA, WHICH IS REGISTERED FOR THE OFFENCE P/U/S 143, 147, 148, 307, 323, 504, 506 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This petition is filed by the petitioners/accused Nos.1 to 6 under Section 438 of Cr.P.C., seeking anticipatory bail, to direct the respondent-Police to release the petitioners on bail in the event of their arrest for the offences punishable under Sections 143, 147, 148, 307, 323, 504 and 506 read with Section 149 of IPC registered in respondent Police Station Crime No.59/2017.
2. Heard the arguments of the learned counsel for the petitioners/accused Nos.1 to 6 and also the learned High Court Government Pleader for the respondent- State.
3. Learned counsel for the petitioners/accused Nos.1 to 6 made the submission that there are case and counter cases. He further submitted that the complainant and others have assaulted petitioner No.1 and caused injury. In that connection, criminal case was registered against the complainant and others in Crime No.58/2017. Hence, he submitted that subsequent to this complaint filed by the petitioners, the complainant filed the present complaint as a counter blast. Hence, he submitted that there is no prima facie case as against the petitioners for their involvement in committing the alleged offence.
4. Per contra, learned High Court Government Pleader for the respondent-State made the submission that looking to the prosecution material, there are allegations in the complaint regarding the assault made by the petitioners and petitioner No.1 assaulted the complainant with iron rod and when he tried to assault the victim on the head portion, for protection the complainant brought his right hand in front and sustained injury to his right little finger.
5. In this connection, learned High Court Government Pleader refers to the injury certificate in respect of the injured. He submitted that sofar as other accused persons are concerned, there is allegation that they abused the complainant in filthy language.
6. During the course of hearing of this petition, learned High Court Government Pleader also made the submission that the injured is discharged from the hospital. Hence, at this stage, it goes to show that the condition of the injured is safe and he is out of danger. That apart, there is a counter complaint and the documents are produced pertaining to Crime No.58/2017. The alleged offences are also not exclusively punishable with death or imprisonment for life.
7. Accordingly, petition is allowed. The respondent-police are hereby directed to release the petitioners/accused Nos.1 to 6 on bail in the event of their arrest for the offences punishable under Sections 143, 147, 148, 307, 323, 504 and 506 read with Section 149 of IPC registered by the respondent-Police in Crime No.59/2017, subject to the following conditions:-
(i) Petitioners shall execute a personal bond for a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the concerned Court;
(ii) Petitioners shall not directly or indirectly tamper with any of the prosecution witnesses;
(iii) Petitioners shall appear before the Investigating Officer as and when called for, for the purpose of interrogation or further investigation; and (iv) Petitioners shall appear before the concerned Court within thirty days from the date of this order and execute the personal bond and also the surety bond.
Sd/- JUDGE PB