IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF DECEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8230 OF 2019 Between:
1. M.J.Lokesh S/o Late Jayaram M.V. Aged about 21 years Residing at No.733 10th cross, Swarnasandra, Mandya – 571401.
2. Adarsha S/o Shivarudra Aged about 20 years Residing at No.172 9th Cross, Swarnasandra, Mandya – 571401.
... Petitioners (By Sri. Naveen G.R, Adv.,) And:
State of Karnataka by Mandya East Police Station Rep. by its State Public Prosecutor High Court Building Bengaluru – 01.
(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.16/2019 registered by Mandya East Police Station, Mandya for the offences p/u/s 143, 341, 504, 506 and 307 r/w 149 of IPC.
This Criminal Petition coming on for orders this day, the court made the following:-
ORDER The petitioners are arraigned as accused nos.2 and 4 in Cr.No.16/2019 on the file of Mandya East Police Station, Mandya, for the offence p/u/s 143, 341, 504, 506 and 307 r/w 149 of IPC.
2. The brief facts of the case are that the petitioners are arraigned as accused Nos.2 and 3 in Cr.No.16/19. The complaint was lodged by one Sumanth D. wherein he has stated that on 09.02.2019 at about 6.15 p.m. he was proceeding towards his home on his motorcycle along with his friend Halahalli Anil; when they reached near Swarnasandra Edamuri Ganapathi Temple, at that time, the petitioners herein and others namely Jayanth and Varun were standing and talking with each other at that particular place. It is specifically alleged that out of them particularly accused No.2- Lokesh called the complainant to stop the motorcycle; when the complainant stopped the motorcycle, all the accused persons surrounded him and particularly accused No.1-Jayanth assaulted the complainant with a long on the back side of his head and when the complainant screamed for help, all the accused persons started running away from the spot as the public would gather there.
3. As could be seen from the FIR, there is absolutely no allegation against the petitioners herein. There is no material to show that they had also contributed their common intention to assault the complainant. This fact has to be established during the course of full fledged trial. Looking to the nature of allegation and the facts of the case, except mere presence of the petitioners nothing has been alleged against them. As accused no.3 has already been released on bail in Crl.P.No.4900/2019 vide orders dated 19.08.2019, the petitioners herein also stand on the same footing as that of the petitioner in Crl.P.No.4900/2019. Hence on the ground of parity also, the petitioners herein are entitled to be enlarged on anticipatory bail. Hence, I pass the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.16/2019 of Mandya East Police Station, 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 they shall execute a personal bond 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 Mandya District, without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark their attendance once in 15 days i.e., on any 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 sd