IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL PETITION No.8051/2018 BETWEEN:
MOHAMMED FAIJAN S/O. LATE MOHAMMED SADIQ AGED ABOUT 19 YEARS NO. 183/92, 2ND CROSS UMAR NAGARA, NAGAWARA MAIN ROAD BYRANAKUNTE BENGALURU – 560 045.
(BY SRI S. JAGAN BABU, ADV.,) AND:
STATE BY POLICE SUB-INSPECTOR K.G.HALLI TRAFFIC POLICE STATION REP. BY THE STATE PUBLIC PROSECUTOR BENGALURU DISTRICT, BENGALURU – 560 001.
(BY SRI. M. DIVAKAR MADDUR, HCGP) …PETITIONER … RESPONDENT 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.37/2017 (C.C.NO.14696/2018) OF K.G.HALLI TRAFFIC POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 304, 184, 187, 189, 134(A & B), 279 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by the petitioner/accused under Section 438 of Cr.P.C, to release him on anticipatory bail in Crime No.37/2017 of K.G.Halli Traffic Police Station for the offences punishable under Sections. 304, 279 of IPC and Sections 184, 187, 189, 134(A & B) of Indian Motor Vehicles Act.
2. The gist of the complaint is that on 18/06/2017 at about 9.00 to 9.15 p.m, in front of Dr.Ambedkar Medical College, one Dr.S.Devanesan was hit by a Dio Bike bearing No. KA-04/JE-6672, while crossing pedestrian path. It is alleged that the rider of the bike was wheeling the said vehicle. Thereafter, he was shifted to Dr. Ambedkar Medical College Hospital and there he succumbed to the injuries. On the basis of complaint, a case has been registered for the said offences.
3. I have heard the learned counsel for the petitioner/accused and the learned High Court Government Pleader for respondent-State.
4. It is the submission of the learned counsel for the petitioner that this is a simple case of accident, because of the influence of the complainant Section 304 of IPC has been subsequently included after a long gap at the time of filing charge sheet. The alleged offences are not punishable with death or imprisonment for life. Petitioner is ready to co-operate with the investigation and is ready to abide by the conditions imposed by the Court and is also ready to offer surety. On these grounds, he prayed to allow the petition.
5. Per contra, learned HCGP appearing for the respondent/State vehemently argued and submitted that the accused was wheeling his two wheeler and because of his negligence, the alleged incident has taken place. The petitioner/accused is absconding since from the date of registration of the case. He further submitted that if the petitioner/accused is released on bail, he may not be available for investigation or trial. Therefore, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions of the learned counsel for the parties and perused the records.
7. As could be seen from the records, earlier when the case has been registered under Section 304-A of IPC petitioner/accused has been released on bail. Now he is before the court for having invoked Section 304 of IPC. The contention of the learned counsel for the petitioner that because of the influence of the complainant, Section 304 has been included, is a matter to be ascertained only at the time of trial. The alleged offences are not punishable with death or imprisonment for life. Under such circumstances, I feel that petitioner/accused could be released on bail on stringent conditions.
8. In that light, the petition is allowed.
Petitioner/accused is ordered to be released on anticipatory bail in the event of his arrest in Crime No. 37/2017 of K.G. Halli Traffic Police Station for the offences punishable under Sections. 304, 279 of IPC and Sections 184, 187, 189, 134(A & B) of Indian Motor Vehicles Act, subject to the following conditions;
i) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) Petitioner shall surrender before the Investigating Agency within 15 days from today.
iii) Petitioner shall mark his attendance once in a month i.e. on every 1st between 10.00 a.m. to 5.00 p.m., before the concerned police station till the charge sheet is filed.
iv) Petitioner shall not tamper with the prosecution evidence in any manner directly or indirectly.
v) Petitioner shall not leave the jurisdiction of the Court without prior permission.
vi) Petitioner shall co-operate with the investigating officer for interrogation.
Sd/- JUDGE Msu