IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION.NO.7445/2019 BETWEEN 1 . N J LOKESH S/O JAYASHANKAR, AGED ABOUT 24 YEARS, R/O NO.# 1465, 17TH A MAIN, 2ND PHASE, BANGALORE SOUTH, J P NAGAR, BANGALORE-560078 2 . PUTTA S/O LATE NANJAPPA, AGED ABOUT 36 YEARS, 3 . RAMESH S/O LATE NARAYANAPPA AGED ABOUT 30 YEARS, ALL ARE R/AT DODAALHALLI VILLAGE, UYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGAR DISTRICT.
4 . SRINIVASA S/O VENKATESH, AGED ABOUT 36 YEARS, 5 . SACHIN S/O GIRIYAYYA AGED ABOUT 23 YEARS, BOTH ARE R/AT NALAHALLI VILLAGE, UYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGAR DISTRICT. ..PETITIONERS (BY SRI: B. SIDDESWARA, ADVOCATE) AND THE STATE OF KARNATAKA BY SATHNOOR P.S., KANAKAPURA, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560001. …RESPONDENT (BY SRI: ROHITH B.J., HCGP) ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.116/2019 REGISTERED BY SATHANOOR POLICE STATION, RAMANAGARA FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143,147,148,427,435 R/W 149 OF IPC AND SECTIONS 2 AND 3 OF PREVENTION OF DAMANGES TO PUBLIC PROPERTY ACT, 1984.
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 petitioners and the learned HCGP for the respondent - State. Perused the records.
2. A complaint came to be lodged by one Sri.M.Mahadevaswamy, driver of a KSRTC bus bearing registration No.KA.11.F.0469 alleging that on 03.09.2019, he was working as driver in the said bus. The said bus was moving in route No.142 from Kanakapura to Elagalli village. At about 9.15 p.m., the said bus left Kanakapura and reached Chunchi at 10.40 p.m. and the said bus was stopped underneath a peepal tree nearby and the driver and conductor were sleeping in the bus. At that time, about 30-40 persons came there and damaged the said bus. Due to fear, the driver and conductor ran away from the spot. In this context, police have registered a case in Crime No.116/2019 for the offence under sections 143, 147, 148, 427, 435, 149 of Indian Penal Code and sections 2 and 3 of the Prevention of Damage to Public Property Act 1984.
Subsequently, on suspicion itself, petitioners were arrested citing them as accused Nos.1 to 5. Except the doubt expressed that they were also present at the spot at the time of occurrence, no materials are available against them.
3. Looking to the above facts and circumstances, that a mob consisting of 30-40 persons were there and these accused persons were subsequently arrested, identification of the accused and proof against accused persons so far as these offences are concerned has to be proved during the course of full dressed trial. As petitioners have already been arrested and they were in judicial custody, it is indicative of the fact that they are no more required for investigation. Therefore, considering the nature of allegations and facts of the case, offences are neither punishable with death nor life imprisonment and no damage has been caused to the driver or conductor. Therefore, the petitioners are entitled to be enlarged on bail with stringent conditions. Hence, the following:-
ORDER The Petition is allowed. Consequently, the petitioners shall be released on bail in connection with Crime No.116/2019 of Sathanoor Police Station, Kanakapura Taluk, Ramanagar District on the file of I Additional Civil Judge (Jr.Dn.) & JMFC Court, Kanakapura Taluk, Ramanagar District, registered for the offences punishable under Sections 143, 147, 148, 427, 435, 149 of Indian Penal Code and sections 2 and 3 of the Prevention of Damage to Public Property Act 1984, subject to the following conditions:
(i) The petitioners shall execute their personal bond for a sum of Rs.1,00,000/- (Rupess One Lakh only) with one surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against them is disposed of.
(v) The petitioners shall mark their attendance twice in 15 days between 10.00 am and 5.00 pm. on Sundays, before the Investigating Officer for a period of two months or till filing of the final report, whichever is earlier.
Sd/-
JUDGE Bss.