IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7083/2019 BETWEEN MAHESHA G S S/O. LATE SHIVANNA AGED 28 YEARS R/AT. GUMMANAHALLI VILLAGE CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT – 571 438 ... PETITIONER (BY SRI. K.L. SREENIVAS, ADVOCATE) AND THE STATE OF KARNATAKA BY. PANDAVAPURA POLICE STATION PANDAVAPURA TALUK MANDYA DISTRICT – 571 438 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.110/2018 OF PANDAVAPURA POLICE STATION, MANDYA FOR THE OFFENCE P/U/Ss. 201, 304 OF IPC AND SEC. 3, 4, 5 AND 9(b) OF EXPLOSIVE SUBSTANCES ACT, AND SEC. 4(1A), 21(1) OF M.M.MD.R ACT AND 42 AND 44 OF KMMC RULES.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner/accused and the learned HCGP for the Respondent –State. Perused the records.
2. The respondent-Police have not arraigned the petitioner as an accused in Crime No.110/2018, which was registered only against one Umesh earlier for the offences punishable under Sections 279 and 304-A. But, subsequently, the police made a request to incorporate the name of the petitioner also as one of the accused and also for conversion of the case for the offence under Sections 304 and 201 of IPC and also under Sections 3, 4, 5 & 9(b) of Explosive Substances Act and Sections 4(1A), 21(1) of MMDR Act, and 42 and 44 of KMMC Rules.
3. The brief facts of the case as could be seen from the FIR is that, a person by name D.Veeranna, resident of Kokkebore Village, Malai Mahadeshwara Betta, Hanuru Taluk, Chamarajananagar District, has lodged a complaint with the respondent-police and the said police have registered a case in Crime No.110/2018 for the offences punishable under Sections 279 and 304-A of IPC. On 31.03.2018 at about 6.30 his son Shivamurthy, after finishing his coolie work, was returning to home in the Tractor bearing No.KA.11.T.4306 and at that time due to the carelessness and negligence of the driver of the said Tractor, his son fell down and died. Therefore, it is the allegation that the cause for the death of his son is the lack of care and negligence on the part of the driver of the said Tractor. But, subsequently, during investigation, the police found that, said Shivamurthy, the son of the complainant died in a stone quarry while working in the land belonged to one Umesh. Therefore, the police have converted the case for the above said offences. The said Umesh has approached this court for grant of bail in Criminal Petition No.1216/2019 and this Court vide order dated 27.07.2019 has enlarged him on Anticipatory Bail. Though a request has been made by the police on 02.04.2018 to incorporate the name of this petitioner in this case, but no reasons are assigned as to why the police want to incorporate the name of this petitioner. However, the petitioner reasonably apprehends his arrest at the hands of the respondent- police. Therefore, the petitioner is entitled to be enlarged on bail in the event of his arrest in connection with the said case. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioner-Mahesha G.S. shall be released on bail in the event of his arrest in connection with Crime No.110/2018 of Pandavapura Police Station, Mandya District, now pending on the file of Civil Judge and JMFC, Pandavapura, Mandya District, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he 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 petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Mandya District without prior permission of the Court, till the charge sheet is filed or for a period of three months, whichever is earlier.
v) The petitioner shall mark his attendance once in 15 days between 10.00 am and 5.00 pm., on any Sunday before the Investigating Officer for a period of two months or till the final report is submitted, whichever is earlier.
Sd/-
JUDGE KGR*