IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9141/2018 BETWEEN:
1. Mahesh A.M, S/o. Mayanna, Aged about 41 years, Resident of No.61, 1st Cross, Rajeevgandhinagara, Laggere, Bengaluru-560 058.
2. Lokesh, S/o. Hyamaiah, Aged about 35 years, R/at Honnamachenahalli (V), Huliyurudurga Hobli, Kunigal Taluk, Tumkur District-572 130. ...Petitioners (By Sri. Avinash.A.P, Adv., for Sri.N.Nagaraja & Associates, Adv.,) AND:
State of Karnataka by Rajagopalanagara Police Station, Bengaluru.
Rep. by State Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Sri. K.P. Yoganna, HCGP) 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.570/2018 registered by Rajagopal Nagar Police Station, Bengaluru for the offence p/u/ss 341, 323, 326, 504 and 506 r/w 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.570/2018 of Rajagopal Nagar Police Station for the offences punishable under Sections 341, 323, 326, 504 and 506 read with Section 34 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 20.10.2018 at about 10.00 p.m., the complainant and his friend - Ashoka went to Vinayaka Bar to consume alcohol. Thereafter, the complainant asked hand loan of Rs.10,000/- from his friend-Ashoka and Ashoka agreed to given the said amount to the complainant on next day. It is further alleged that at that time, four to five persons came to the Bar and enquired the cashier regarding hat, which was misplaced in the said Bar. The said unknown persons enquired the complainant and his friend-Ashoka, they replied that they did not knew about the said hat. Immediately, the said unknown persons started quarreling with the complainant and his friend, and abused with filthy language. Thereafter, the accused persons assaulted the complainant and his friend with stone and bottles. At that time, the complainant shouted for help, the general public came and rescued them immediately, they were taken to Ananya Hospital and after the treatment, the complainant lodged the complaint. On the basis of the compliant, a case came to be registered.
4. It is the submission of the learned counsel for petitioners that the petitioners/accused Nos.1 and 2 were not present as on the date of the alleged incident and they have been falsely implicated in this case. The injuries are simple in nature and injured has been already discharged from the Hospital on the same day after the treatment. They are out of danger and the alleged offences are not punishable with death or imprisonment for life. Further it is submitted that they are ready to abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1 and 2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the injuries suffered by the complainant is grievous in nature and the accused petitioners are absconding since from the date of registration of the case. If the accused petitioners are enlarged on bail, they may abscond and may not be available for trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions of both the learned counsel and perused the records.
7. On close reading of the complaint it reveals that there was no relationship between the complainant and the accused persons. The said incident has taken place in a spur of moment and the injured has suffered simple injuries and got admitted in the Hospital on 21.10.2018 and on the same day, he has been discharged and he is out of danger. The alleged offences are not punishable with death or imprisonment for life. Taking into consideration of the above facts and circumstance, I feel that by imposing some stringent conditions, if the accused petitioners are ordered to be released on bail, it is going to meet the ends of justice.
8. In the light of discussions held by me above, petition is allowed and the petitioners/accused Nos.1 and 2 are enlarged on anticipatory bail in the event of their arrest in Crime No.570/2018 of Rajagopal Nagar Police Station for the offences punishable under Sections 341, 323, 326, 504 and 506 read with Section 34 of IPC subject to the following conditions:
1. The Investigating Agency is directed to enlarge them on bail on they being executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) each with two sureties each for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigation Agency within 15 days from today.
3. They shall not tamper with the prosecution evidence in any manner.
4. They shall mark their attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the concerned police station till the chargesheet is filed.
5. They shall regular in attending the Court/trial.
6. They shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE VBS