IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.8176 OF 2019 Between:
Mudukappa S/o Maddeppa Aged about 33 years No.126, Pulabhavi Village Lingsuguru Taluk Raichur District Raichur 584 114 (By Shri Ravikumar, Advocate for Shri K.B.K. Swamy, Advocate) And:
Madanayakanahalli Police Bengaluru Rural District Represented by State Public Prosecutor High Court of Karnataka Bangalore – 560 001 (By Shri Rohith, B.J., 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 Crime No.167 of 2019 of Madanayakanahalli Police Station, Bengaluru for the offence punishable under Sections 324, 326, 307 read with Section 34 of the Indian Penal Code.
This Criminal Petition coming on for orders, this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent – State. Perused the records.
2. The person by name Shashidhar has lodged a complaint stating that on 20th April 2019 when he was working at fourth floor in a building under construction of one Laxman situated at Chikkabidarakallu Main Road, at about 6.00 pm he heard screaming noise on the road in front of the said building and immediately he went down and saw that a strange person holding a machete in his hand and was assaulting the ex- employee by name Gaddappa. On hearing, the screaming noise, the public also gathered there. By seeing the public, the accused ran away from the spot holding machete in his hand. Thereafter, the complainant got admitted the injured-Gaddappa to Victoria Hospital and registered a complaint with the respondent-Police.
3. As per the information given by Gaddappa in the hospital, the accused persons by name Channappa @ Basavaraja and Adappa have assaulted the injured. But, according to the complainant-Shashidhar only one person has assaulted the injured near the building. During the course of investigation, the police have also got done the medical examination of the injured and also one lady Gangamma and both of them have stated that they do not know who assaulted them. The complainant- Shashidhar has also given the history of assault stating that some unknown person has assaulted Gaddappa near the said building. Actually, the injured has given total go-by to the FIR statement and he has stated that when he was moving on a motorcycle near Chikkabidarakallu Auto Stand, at that time, the accused persons came there and assaulted him and Gangamma, therefore, they sustained injuries.
3. Be that as it may, at the initial stage, only two persons’ name was doubtfully mentioned, i.e. one Channappa and Adappa. But subsequently, the name of this petitioner has also been incorporated that he assisted the other two accused persons. The accused Nos.1 and 2 Channappa and Adappa were already released on bail in Criminal Petition Nos.5512 of 2019 and 6659 of 2019 diposed of on 05th September 2019 and 14th October, 2019 respectively. In fact, the accused No.2 was released on anticipatory bail considering that only one person’s name was mentioned in the First Information Report at the initial stage. In view of the above circumstances, on the ground of parity also, the petitioner who is arraigned as accused No.3, is entitled to be enlarged on anticipatory bail. Hence the following:
O R D E R Petition is allowed. Consequently the petitioner- accused No.3 shall be released on bail in the event of his arrest in connection with Crime No.167 of 2019 of Madanayakanahalli Police Station for the alleged offences, subject to the following conditions:
1. 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 his personal bond for a sum of Rs.1,00,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer;
2. The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses;
3. 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;
4. The petitioner shall not leave the jurisdiction of Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier;
5. The petitioner shall mark his attendance once in a week, i.e. on every Sunday between 10.00 am and 5.00 pm before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
lnn Sd/- JUDGE