IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.3534 OF 2019 C/W CRIMINAL PETITION NO.3560 OF 2019 IN CRL.P.NO.3534/2019 BETWEEN RAGHU @ NAGARAJA S/O PUTTARAJU AGED ABOUT 24 YERS, R/AT KUSHALNAGARA, SAKALESHPURA TOWN, HASSAN DISTRICT-34. - PETITIONER (BY SRI.PRATHEEP K.C., ADV.) AND THE STATE OF KARNATAKA REP. BY SAKALESHPURA TOWN POLICE HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01. - RESPONDENT (BY SMT.NAMITHA MAHESHAN B.G., HCGP) THIS CRL.P. HAS BEEN FILED BY THE PETITIONER-ACCUSED UNDER SECTION 439 OF CR.P.C. PRAYING THIS COURT TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.24/2019 OF SAKALESHPURA TOWN POLICE STATION, HASSAN FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 354, 427, 436, 504, 149 OF IPC.
IN CRL.P.NO.3560/2019 BETWEEN KARTHIK, S/O RAJU AGED ABOUT 26 YEARS R/AT MAHESHWARI NAGAR EXTENTION SAKALESHPURA TOWN HASSAN DISTRICT-34. -PETITIONER (BY SRI.PRATHEEP K.C., ADV.) AND THE STATE OF KARNATAKA REP. BY SAKALESHPURA TOWN POLICE HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01. -RESPONDENT (BY SMT.NAMITHA MAHESHAN B.G., HCGP) THIS CRL.P. IS FILED BY THE PETITIONER-ACCUSED UNDER SECTION 439 OF CR.P.C. PRAYING THIS COURT TO ENLARGE THE PETITIONER ON BAIL IN CRIME NO.24/2019 OF SAKALESHPURA TOWN POLICE STATION, HASSAN FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 354, 427, 436, 504, 149 OF IPC.
THESE PETITIONS COMING ON FOR ORDERS THROUGH VIDEO CONFERENCE AT DHARWAD THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Criminal Petition No.3534/2019 has been filed by the petitioner-accused No.4 and Criminal Petition No.3560/2019 has been filed by the petitioner-accused No.1 to enlarge them on bail in Crime No.24/2019 of Sakaleshpura Town Police Station, Hassan for the offence punishable under Sections 143, 147, 148, 323, 354, 427, 436, 504, 149 OF IPC.
2. I have heard the learned counsel for petitioner-accused Sri.Pratheep K.C. and learned HCGP Smt.Namitha Maheshan B.G. for the respondent-State.
3. The 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 Sakaleshpura Town, 5 to 6 persons belonging to Bajaranga Dal came, picked up quarrel with the complainant and stating that she is cooking chicken and mutton in an open air and distributing the same to 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 petitioner-accused Nos.1 and 4 that they are languishing in the jail since more than five months. They filed Crl.P.Nos.1513/2019 and Crl.P.2076/2019. This Court by order dated 24.04.2019 has rejected the bail application in respect of the accused Nos.1 and 4 and granted bail in respect of accused Nos.2 and 3. At that time the charge sheet was not filed. But, now after investigation, the charge sheet has been filed. It is his further submission that at the time when the complaint was registered, it was registered as against six persons. Subsequently, the charge sheet has been filed as against seven persons. It is his further submission that the alleged offences are triable by the Court of the Magistrate and though they have been mentioned as a rowdy-sheeter, but the said order passed has been challenged before this Court. He further submitted that in other cases, they have been released on bail. The offences leveled against the petitioners are triable by the Magistrate Court and the alleged offences are not punished with death or imprisonment for the life. Further, he submitted that they are ready to abide by any conditions which this Court is going to impose and including the condition that they will not indulge in similar type of criminal activities, if they are released on bail. He further submits that in the event, if any such cases are registered against them, the bail may be cancelled and they may be taken into custody. It is his further submission that even they will not create any Communal Tension or violence in the said Sakaleshpura Town, even they are ready to abide by the condition to the effect that if they are asked to stay away from the Sakaleshpura Town till trial is concluded, they are agreeable to it. It is his further submission that if any such conditions are imposed, they will not file any application for relaxation of such condition. On these grounds he prayed to allow the petition and release the petitioners-accused Nos.1 and 4 on bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioners-accused are involved in disturbing Communal Violence and the law and order in Sakaleshpura Town. They belongs to Bajarang Dal. This is the second bail application filed by the petitioners-accused. There are no changed circumstances, except filing of the charge sheet. She further submitted that the name of the petitioners- accused is in the list of the Rowdy-sheeter, they are habitual offenders. Nearly about ten cases have been registered of the similar nature including the offence under the POCSO Act. It is her further contention that the filing of the charge sheet is not a new ground to file fresh bail application. It is further submitted that the victim is an eye witness to the alleged incident and in her statement recorded under 164 statement, she has categorically stated the overt acts of each of the accused person. She further submitted that if the accused persons are released on bail, they may create a communal tension and violence in Sakalaeshpura Town. On these grounds, she prays to dismiss the petitions.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On close reading of the contents of the complaint, it discloses that petitioner-accused Nos.1 and 4 along with other persons went to the tent where the complainant was cooking chicken and mutton. Thereafter assault her and outrage her modesty and destroyed the tent by putting fire. Though the alleged offences are not punishable with death or imprisonment for life and are triable by Court of the Magistrate, but, it is the specific contention of the learned HCGP that the petitioners-accused are rowdy-sheeters and habitual offenders and they have involved in more than ten cases and they may likely to create a communal tension and violence in the Sakaleshpura Town by using the name of Bajaranga Dal. This Court earlier has rejected the bail application and at that time the charge sheet has not yet filed. Though, the filing of the charge sheet is not a new ground and the alleged offences are not punishable with death or imprisonment for life and the said offences are triable by the Court of the Magistrate, the right and liberty of the persons is also involved and the Court has to look into rights granted under Article 21. It is the specific contention of the petitioners-accused that any reasonable conditions may be imposed and they are ready to abide by the said conditions as stated therein.
8. I feel that as per the undertaking given by the learned counsel for the petitioners-accused and on the instructions of his clients, if one more opportunity is given to have a reformation and to lead a peaceful life by the accused and that their liberty also should not be curtailed unnecessarily that too when they have challenged the order of the Rowdy-sheeter before this Court and that is under consideration, it is going to meet the ends of justice if, they are released by imposing some stringent conditions. In that light, by imposing some stringent conditions, if the accused/petitioner Nos.1 and 4 are released on bail, it would meet the ends of justice.
9. Hence the petitions are allowed. The petitioners/accused Nos. 1 and 4 are ordered to be released on bail in connection with Crime No.24/2019 of Sakaleshpura Police Station for the offences punishable under Sections 143, 147, 148, 323, 354, 427, 436, 504, 149 OF IPC with the following conditions:
i. They shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakh Only) with two sureties for the likesum each to the satisfaction of the trial Court.
ii. They shall not tamper with the prosecution evidence directly or indirectly.
iii. They shall not indulge in similar type of criminal activities till the trial is completed. If again they involve in similar type of Criminal activities, during the pendency of the trial, their bail can be cancelled and the respondent-Police are at liberty to file an application for cancellation of the bail.
iv. They shall not enter the territory of Sakalaeshpura town till the trial is concluded except on the dates on which they are going to attend the cases.
v. If they violate any of these conditions then under such circumstances also their bail is liable to be cancelled.
vi. They shall mark their attendance before the nearest Police Station once in fifteen days where they are going to reside after their release and the same may be informed to the Court and to the concerned Police and the Police before whom they have to mark their attendance and the Police have to give the report on every three months about their conduct and other aspects as ordered above.
Sd/- JUDGE Hmb