IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.190 OF 2019 BETWEEN:
Puttaswamy K.A, S/o late Veerabhadraiah, Aged about 35 years, R/at:Kadukothanahalli, C.A.Kere Hobli, Maddur Taluk, Mandya District-572 576.
(By Sri.B.Lethif, Advocate) AND:
The State of Karnataka, By K.M.Doddi Police Station, Mandya District, Represented by SPP, High Court Building, Bengaluru-560 001.
(By Sri.Namitha Mahesh B.G, HCGP) ...Petitioner ... Respondent This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.333/2018 of K.M.Doddi Police Station, Mandya for the offence punishable under Section 341, 354D, 506 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner-accused under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.333/2018 of K.M.Doddi Police Station for the offences punishable under Section 341, 354(D), 506 of IPC.
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State.
3. The genesis of the complaint are that complainant is studying in II year B.Sc. at Bharathi College. About six months back the petitioner-accused got introduced to her near her college and told her he is resident of Kadukotthanahalli. Thereafter, the accused started following the complainant and many a times he intercepted on the way to the college and told her that he is loving her. But the complainant informed that she wants to study and not to disturb. It is further alleged that on 03.10.2018 at about 11.30 am, when the complainant was near the college park along with her friends, at that time, the accused person came and abused her and threatened her that he wants to marry her and snatched her mobile. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioner that petitioner and complainant are loving each other and even they have moved to various places including Shivanasamudra and there they have also taken photos and they got married. Now the complainant only with an intention to overcome the said facts has registered a false case. The alleged offences are not punishable with death or imprisonment for life. He further submitted that there is a delay in filing the complaint and even till today, the complainant is staying along with the petitioner-accused. There is no question of tampering with the prosecution evidence. Further he submitted that he is ready to co-operate with the investigation, abide by any conditions that may be imposed on him by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner-accused on anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that prima- facie the prosecution has made out the case against the accused and on the alleged date of incident when the complainant and her friends were in the college park, at that time, accused went and forced her to marry and abused her and snatched her mobile and pulled her. The said act has been witnessed by her friends and there are eye witnesses to the alleged incident. The accused-petitioner is absconding since from the date of registration of the case and he is not available for investigation or interrogation and as such, he is not entitled to be released on anticipatory bail. Hence, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the counsel appearing for parties and perused the records.
7. On close reading of the complaint and other material, it indicates that accused came near the college park and misbehaved with her and abused her and snatched her mobile and also pulled her. This is a matter which has to be considered and appreciated only at the time of trial. The contention of the petitioner counsel is that they are loving each other and they have got married. That is also, a matter which has to be considered at the time of trial. The alleged offence are not punishable with death or imprisonment for life.
Under such facts and circumstances, I feel, if by imposing some stringent conditions the petitioner- accused is ordered to be released on bail it is going to meet the ends of justice.
8. Keeping in view the above facts and circumstances, petition is allowed and the petitioner- accused is ordered to be released on anticipatory bail in the event of his arrest in Crime No.333/2018 of K.M.Doddi Police Station for the offences punishable under Section 354(D), 341, 506 of IPC subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on anticipatory bail on he being executing a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He should surrender before the Investigation Agency within 15 days from today.
3. He shall not tamper with the prosecution evidence in any manner directly or indirectly.
4. He shall mark his attendance once in 15 days between 10.00 a.m. to 5.00 p.m., before the concerned police station till the investigation is complete and chargesheet is filed.
5. He should be regular in attending the Court.
6. He shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE ag