IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE B.A. PATIL CRIMINAL PETITION NO.1536/2019 BETWEEN NINGARAJU @ LINGARAJU P., S/O LATE PUTTABASAVANAYAKA, R/AT DHANAGALLI VILLAGE, JAYAPURA HOBLI, MYSORE TALUK, MYSORE DISTRICT-516380 ... PETITIONER (BY C.N. RAJU, ADVOCATE) AND STATE BY JAYAPURA POLICE MYSORE REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE-560001 ... RESPONDENT (BY SMT. NAMITHA MAHESH B.G., HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.23/2019 REGISTERED BY JAYAPURA POLICE STATION, MYSURU FOR THE OFFENCES P/U/SS 354- A, 354-D AND 324 R/W SECTION 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R This petition is filed by accused No.1 under Section 438 of Cr.P.C., praying to grant him anticipatory bail in Crime No.23/2019 of Jayapura Police Station for the offences punishable under Sections 354(A), 354(D) and 324 read with Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent-State.
3. The gist of the complaint is that the petitioner is working as a Grama Panchayat Member and when he had been to prepare sketch of the house of the complainant he told her that he will arrange the sketch for her, for that she has to come with him for a night otherwise he asked her to bring Asha and Manjula for him, if she failed to do so he will commit rape on her. It was further alleged that the petitioner used to follow her, then she informed the attitude of the petitioner to the elders of the village. The elders of the village arranged the panchayat meeting and when all of them discussing about the incident, the accused persons assaulted one Manjunath husband of Asha and one Basappa husband of Manjula. Both suffered injuries from the assault, thereafter the elders stopped the meeting and decided to lodge complaint to the police. On the basis of the complaint a case has been registered against the accused persons.
4. It is the submission of the learned counsel for the petitioner that the petitioner is innocent and only because he being a Member of Grama Panchayat he has been falsely implicated in the case. He further submitted that already accused No.3 and 5 have been released on bail and on the ground of parity the petitioner is also entitled to be released on bail. He further submitted that the alleged offences are not punishable with death or imprisonment for life, petitioner is ready to abide by any conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to grant anticipatory bail to the petitioner.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner along with other accused have committed a serious offence of cruelty against the women and also outraged the modesty of the complainant. She further submitted that the petitioner is absconding and if he is granted anticipatory bail he may not be available for the purpose of investigating and interrogation. She further submitted that if he is enlarged on bail he may not be available for trial. On these grounds, she prayed to dismiss the petition.
6. I have gone through the submissions made by the learned counsel for the parties and perused the records.
7. There is an allegation in the complaint that the accused being a Member of Grama Panchayat, for arranging sketch of the house of the complainant, demanded a sexual favour to him by the complainant or else he asked her to bring Asha or Manjula for him. The said allegation is to be considered and appreciated at the time of trial. Further, the alleged offences are not punishable with death or imprisonment for life. Since, accused Nos.2 and 5 were already released on bail, on the ground of parity the petitioner is also entitled for grant of anticipatory bail.
8. Accordingly, the petition is allowed and accused herein is granted anticipatory bail. In the event of his arrest in Crime No.23/2019 of Jayapura Police Station, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Agency within fifteen days from today.
iii) He shall co-operate with the Investigating Officer as and when required.
iv) He shall not tamper with the prosecution evidence directly or indirectly.
v) He shall mark his attendance before the Investigating Officer once in fifteen days between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
vi) He shall not leave the jurisdiction of the trial Court without prior permission.
Sd/- JUDGE Sbs*