IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.5694/2018 BETWEEN :
Mr. Praveen R., S/o Jayalakshmi Aged about 27 years R/at 11/1N, Niluvase, Tenkabailu, Thirthahalli Taluk, Shivamogga District-577 432.
… Petitioner (By Smt. Mohanakumari B.V., Advocate for Sri H.Malatesh, Advocate) AND :
The State through the Sub-Inspector of Police Surathkal Police Station, Mangaluru D.K. District, Represented by the State Public Prosecutor High Court of Karnataka, Bengaluru-560 001, … Respondent (By Smt. Namitha Mahesh B.G., HCGP) 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.178/2018 of Surathkal Police Station, Mangaluru, for the offences punishable under Sections 279, 341, 323, 504, 506 and 353 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.1 under Section 438 of Cr.P.C. praying to release him on anticipatory bail in Crime No.178/2018 of Surathkal Police Station for the offences punishable under Section 279, 341, 323, 504, 506 and 353 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. It is the submission of the learned counsel for the petitioner that the petitioner is innocent and a false case has been registered against him. The alleged offences are not punishable with death or imprisonment for life. The petitioner has neither assaulted nor abused the complainant. She further submitted that only because of violation of traffic rules, a false case has been registered. She further submitted that the petitioner is ready to abide by any conditions 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.
4. Per contra, the learned HCGP vehemently argued and submitted that the petitioner has obstructed the Government Servant while discharging the duties. He has also abused him and the investigation is still pending. The petitioner is absconding. There is prima facie material as against the petitioner-accused that he is involved in the said offence. On these grounds, she prayed to dismiss the petition.
5. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
6. It is alleged in the complaint that on 23.6.2018 when the complainant was driving KSRTC bus bearing Regn.No.KA-35-F-381, the accused-petitioner being the driver of the private bus bearing Regn.No.KA-19AB-2709 drove the same in a rash and negligent manner and restrained the complainant from proceeding further and abused the conductor in filthy language and gave life threat to them. Whether the alleged incident has taken place or not, that is a matter which has to be considered and appreciated only at the time of trial. The alleged offences are not punishable with death or imprisonment for life. It is the specific contention of the petitioner- accused that because of violation of traffic rules, a false complaint has been registered. Again the said matter has to be considered at the time of trial. When the accused-petitioner is ready to abide by conditions imposed by this Court and to offer sureties, I feel that by imposing some stringent conditions, if the petitioner is ordered to be released on bail, it would meet the ends of justice.
Accordingly, the petition is allowed and the petitioner is granted anticipatory bail. In the event of his arrest in Crime No.178/2018 of Surathkal Police Station for the offences punishable under Section 279, 341, 323, 504, 506 and 353 of IPC, 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 one surety for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within fifteen days from today. He shall cooperate with the investigation.
iii) He shall mark his attendance once in fifteen days before the jurisdictional police till the charge sheet is filed.
iv) He shall not leave the jurisdiction of the trial Court without prior permission.
*ck/-
Sd/- JUDGE