IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1659/2019 BETWEEN:
Madhu.K S/o Gagadaraiah Aged about 44 years R/o No. 454, 1st Main, 8th Cross, B.V.Raman Nagar Hosahalli Road, Hunasamaranahalli, Jala Hobli, Yelahanka Taluk Bengaluru North – 562157 Occ: Driver …Petitioner (By Sri Gireesha J.T., Advocate) AND:
State of Karnataka, By Ulsoor Gate Police Rep. by SPP - 560002, State Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Sri S. Rachaiah, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.400/2006 of Ulsoor Gate Police Station, Bengaluru City for the offences punishable under Sections 302, 201 and 120-B of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on anticipatory bail in the event of his arrest pursuant to proceedings in C.C.No.31098/2017 for the offences punishable under Sections 302, 201 and 120B of IPC.
2. The case of the prosecution is that mother of the deceased had filed PCR No.19589/2006 alleging that her son was done to death. It is alleged that on 14.07.2006, her son had left house stating that he was going to the Narasimhaswamy Temple near Mandya. It is further stated that on 15.07.2006 at about 1.00 a.m., the said Umesh was brought to his house in an auto rickshaw in an injured condition. The case that was made out by the complainant was that the petitioner and other accused had inflicted injuries on the said Umesh with an intention to kill him. The case has been registered in Crime No.136/2007, which came to be transferred to Bidadi Police Station and was registered as Crime No.240/2007.
3. The learned counsel for the petitioner submits that after investigation ‘B’ report was filed which came to be accepted. It is only subsequently, that the case was re-opened on the basis of the sworn statement of the complainant and notice is issued to the petitioner with respect to the offences as aforestated. The learned counsel for the petitioner points out that after investigation ‘B’ report came to be filed on 30.07.2007. It is further pointed out that prima facie the evidence of the Doctor points out that death is due to road traffic accident. In the light of the investigation already having been completed at prior point of time and the petitioner having co-operated with the investigation, the learned counsel for the petitioner submits that he may be enlarged on anticipatory bail in the event of his arrest with respect to the proceedings that has been re-opened.
4. Taking note of the fact that at an earlier point of time investigation is completed and ‘B’ report has been filed as against all the accused and also noting that the petitioner had co-operated at an earlier point of time with investigation, the petitioner is entitled to be enlarged on bail in the event of arrest. It is also to be noticed prima facie that the opinion of the Doctor which is part of the investigation records reveals that the injuries mentioned in the Post Mortem report could have been caused by the vehicular accident.
5. Accordingly, petition is allowed and the petitioner is entitled to be enlarged on bail in the event of his arrest in C.C.No.31098/2017 for the offences punishable under Sections 302, 201 and 120B of IPC subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with C.C.No.31098/2017 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the concerned Court.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE NS