IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1513 OF 2019 C/W CRIMINAL PETITION NO.2076 OF 2019 IN CRL.P.NO.1513/2019:
BETWEEN:
1. PRATHAP POOJARI S/O NARASIMHA POOJARI AGED ABOUT 32 YEARS R/AT CHAMPAKANAGARA SAKALESHPURA TOWN & TALUK HASSAN DISTRICT-573134 2. RAGHU @ NAGARAJA S/O PUTTARAJU AGED ABOUT 24 YEARS R/AT KUSHALANAGARA SAKALESHPURA TOWN & TALUK HASSAN DISTRICT-573134 ...PETITIONERS (BY SRI. ABIJITH M.M., ADVOCATE) AND:
STATE OF KARNATAKA BY SAKALESHPURA TOWN POLICE STATION HASSAN DISTRICT-573 134 REPRESENTED BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BANGALORE-560001 ...RESPONDENT (BY SRI. H.S. CHANDRAMOULI, SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF THE CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.24/2019 REGISTERED BY SAKALESHPURA TOWN POLICE STATION, HASSAN FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 354, 427, 436 AND 504 R/W 149 OF IPC.
IN CRL.P.NO.2076/2019:
BETWEEN:
1. KARTHIK S/O RAJU AGED ABOUT 26 YEARS R/AT MAHESHWARI NAGAR EXTENSION SAKALESHPURA TOWN & TALUK HASSAN DISTRICT-573134 2. DEEPAK S/O MANJUNATHA AGED ABOUT 22 YEARS R/AT HULLAHALLI VILLAGE KASABA HOBLI SAKALESHPURA TOWN & TALUK HASSAN DISTRICT-573134 ...PETITIONERS (BY SRI. ABIJITH M.M., ADVOCATE) AND:
STATE OF KARNATAKA BY SAKALESHPURA TOWN POLICE STATION HASSAN DISTRICT-573134 REPRESENTED BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BANGALORE-560001 ...RESPONDENT (BY SRI. H.S. CHANDRAMOULI, SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CODE OF THE CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.24/2019 REGISTERED BY SAKALESHPURA TOWN POLICE STATION, HASSAN FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 354, 427, 436, 504 AND 149 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Crl.P.No.1513/2019 has been filed by accused Nos.3 and 4, Crl.P. No.2076/2019 has been filed by accused Nos.1 and 2 under Section 439 of Cr.P.C. to release them on bail respectively in Crime No.24/2019 of Sakaleshpura Police Station for the offences punishable under Sections 143, 147, 148, 323, 354, 427, 436, 504 and 149 of IPC.
2. I have heard the learned counsel for the petitioner and the learned Special Public Prosecutor for the respondent-State.
3. Gist of the complaint is that on 31.01.2019, when the complainant was cooking chicken and other mutton items by putting a plastic tarpaulin tent in a sandy field situated in Shakaleshpura Town, 5 to 6 persons belonging to Bajaranga Dal came, picked up quarrel with the complainant and stating that she is cooking beef in an open air and distributing the same to the public. It is further alleged that the accused persons threatened the complainant and assaulted her and try to outrage her modesty. They destroyed the tents by putting fire, caused loss to the complainant. On the basis of the said complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioners/accused that the petitioners/accused have not committed any offences and the alleged offences are not punishable with death or imprisonment for life. Since on 05.02.2019, the petitioners/accused are languishing in jail and they are not necessary for the purpose of investigation or interrogation. It is further submitted that the parents of the petitioners/accused are aged and no body is there to look after their family members and they are sole bread earners in their families. It is further submitted that the petitioners/accused are ready to abide by the conditions imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petitions and to release the petitioners/accused on bail.
5. Per contra, learned Special Public Prosecutor vehemently argued and submitted that the petitioners were involved in disturbing the law and order in the society by their rowdy elements and they have been threatening the complainant by saying that she is cooking beef items. Thereafter, they destroyed the tent by putting the fire and they have committed the alleged offence. It is further submitted that the petitioner/accused have involved in a several cases pending against them, if the petitioners/accused are released on bail, they may tamper the prosecution witnesses and may likely to indulge in similar type of crime. On these grounds, he prays to dismiss the petitions.
6. I have carefully and cautiously gone through the submission of learned counsel appearing for both the parties and perused the records.
7. As could be seen from the contents of the complaint, it discloses the fact that accused persons went to the tent, where the complainant has cooking the beef. Thereafter, they assaulted her and outraged her modesty and destroyed the tent by putting the fire. Be that as it may, though the alleged offences are not punishable with death or imprisonment for life but there is a serious allegation as against the petitioners/ accused Nos.1 and 4 that they have been involved in many such several cases and they have been habitual offenders. Insofar as other petitioners/accused Nos.2 and 3 are concerned, no serious allegations have been made and no such other bad criminal antecedents alleging any offences which are punishable with death or imprisonment for life. Under the above said facts and circumstance, I feel that by imposing some stringent conditions, if the petitioners-accused Nos.2 and 3 are ordered to be released on bail, it is going to meet the ends of justice.
8. In that light, the petitions, insofar as petitioners/accused Nos.1 and 4 is concerned, the same are dismissed and insofar as petitioners/accused Nos.2 and 3 is concerned, the same are partly allowed. The petitioners-accused Nos.2 and 3 are ordered to be released on bail in Crime No.24/2019 of Sakaleshpura Police Station for the offences punishable under Sections 143, 147, 148, 323, 354, 427, 436, 504 and 149 of IPC, subject to the following conditions:
1. Each of the petitioners/accused Nos.2 and 3 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. They shall not tamper with the prosecution evidence either directly or indirectly.
3. They shall not indulge in similar type of criminal activities till the trial is concluded.
4. They shall not leave the jurisdiction of the Court without prior permission.
5. Respondent-police is at liberty to move for
investigation.
Sd/- JUDGE KTY