IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7330 OF 2019 BETWEEN :
MADHUSUDHANA @ SOLLE, S/O. RANGASWAMY, AGED ABOUT 30 YEARS, COOLIE WORK, R/OF TASKENT NAGARA, BHADRAAVATHI, SHIVAMOGGA-576 126.
(BY SRI: V.D. RAVIRAJ, ADV.,) AND :
THE STATE OF KARNATAKA, BY HOSAMANE POLICE STATION, BHADRAVATHI, SHIVAMOGGA DISTRICT. REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560 001.
... PETITIONER ... RESPONDENT (BY SRI: MAHESH SHETTY, 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 CRIME NO.113/2019 OF HOSAMANE POLICE STATION, SHIVAMOGA FOR THE OFFENCE P/U/S 353, 333, 143, 144, 147, 504 AND 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP for the State-respondent. Perused the records.
2. There are allegations against the petitioner in Crime No.113/2019 of Hosamane Police station for the offences punishable under Sections 353, 333, 143, 144, 147, 504 read with Section 149 of IPC. To the effect that on 07.09.2019, when the complainant and other police personnel were deputed for bandobasth duty with reference to Ganesha idol procession in Bhadravathi, when the procession came near Basavapura Bus Stand, at that time, it was about 1.20 a.m., in the night, the police requested to stop the mike. In the said context, it is alleged that this petitioner abused the police and assaulted him with a stone and caused injuries to his head, the other 7 to 8 accused persons were also there and they dragged the complainant from one side to another and tear the uniform.
3. When the said allegations are made against the accused persons particularly the petitioner, he is not entitled to be enlarged on anticipatory bail. However, it is made clear that if the petitioner makes application for grant of regular bail before the Sessions Court, the Court is directed to dispose of the matter as expeditiously as possible without unnecessary delay.
With the aforesaid observation, the petition is dismissed.
Sd/- JUDGE Snc