IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.11/2019 BETWEEN:
1. Nagaraja S/o. Anchi Narasimhappa Aged about 24 years R/o. Bommayyagarapalli Village Gulur Hobli, Bagepalli Taluk Chikkaballapura-561 207 Occ: Agriculturist.
2. Somashekar S/o. Nagappa Aged about 22 years R/o. Bommayyagarapalli Village Gulur Hobli, Bagepalli Taluk Chikkaballapura – 561 207 Occ: Private Job ...Petitioners (By Smt.Sahana M.S., Advocate for Sri. S. Shankarappa, Advocate) AND:
State of Karnataka By Bagepalli P.S. Rep. by SPP High Court Building Bengaluru– 560 001. ...Respondent (By Sri. M. Diwakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of their arrest in Crime No.308/2018 of Bagepalli Police Station, Chickaballapura District for the offence punishable under Sections 144, 148, 307, 324, 504 and 506 read with 149 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioners/accused Nos.2 and 3 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.308/2018 of Bagepalli Police Station for the offences punishable under Sections 144, 148, 307, 324, 504 and 506 read with Section 149 of IPC.
2. I have heard Smt. Sahana M.S., learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that on 19.10.2018 at about 9:30 PM when the complainant was sitting along with his family members in front of his house, five accused persons with a common object of picking up quarrel with him and were holding deadly weapons and committed rioting by using force and violence and abused on caste basis and when he questioned them why they are abusing him, threatened with life and assaulted with deadly weapons with an intention to commit murder. As a result of the same, the complainant and others sustained injuries. On the basis of complaint, the case has been registered.
4. It is the submission of the learned counsel for the petitioners/accused No.2 and 3 that already accused No.1 was released on bail. On the ground of parity, Petitioners/accused Nos.2 and 3 are also entitled to be release on bail. She further submitted that already charge sheet has been filed. Petitioners/accused Nos.2 and 3 are not required for further investigation or interrogation. She further submitted that when the both injured were taken to the Hospital, in the history, it has mentioned that the injured assaulted by unknown persons but the complainant has falsely implicated the petitioners/accused Nos.2 and 3 with an earlier vengeance. She further submitted that both injured have sustained simple injuries and they are out of danger. They have been discharged from the Hospital. Petitioners/accused Nos.2 and 3 are ready to abide by the conditions that may be imposed on them by this Court and ready to offer surety. On these grounds, she prays to allow the petition and release them on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioners/accused Nos.2 and 3 along with accused No.1 with a common object went to the house of complainant and they have assaulted with lethal weapons and caused the said injuries. He further submitted that petitioners/accused Nos.2 and 3 are absconding since from the date of the registration of the case and if now they are released on bail, they may abscond and may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials and perused the records.
7. On close reading of the contents of the complaint, it indicates that accused persons have assaulted with lethal weapons is a matter which has to be considered only at the time of trial.
8. It is the submission of learned counsel for the petitioner that accused No.1 had released on bail by the trial Court. The alleged offences are not punishable with death or imprisonment for life and the injured persons who have got treated in General Hospital, Bagepalli have suffered with simple injuries and they have been discharged from the Hospital. There is no danger to their life. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if petitioners/accused Nos.2 and 3 are ordered to be released on bail, it is going to meet the ends of justice.
9. In the light of the above discussion, petition is allowed and the petitioners/accused Nos.2 and 3 are enlarged on anticipatory bail in Crime No.308/2018 of Bagepalli Police Station for the offences punishable under Sections 144, 148, 307, 324, 504 and 506 read with Section 149 of IPC subject to the following conditions:
1. In the event of their arrest, the Investigating Agency is directed to enlarge them on bail on being executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two sureties for the likesum to the satisfaction of the Jurisdictional Police.
2. They shall not tamper with the prosecution evidence directly or indirectly.
3. They are directed to surrender before the Investigating Officer within 15 days from today.
4. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station till the chargesheet is filed.
5. They shall not leave the jurisdiction of the Court without prior permission.
KA* Sd/- JUDGE