IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.535/2019 BETWEEN:
RAJALINGEGOWDA S/O. SHIVALINGEGOWDA AGED ABOUT 44 YEARS R/AT. SAHALLI VILLAGE MALAVALLI TALUK MANDYA DISTRICT – 571 404 ...PETITIONER (BY SRI.RANJAN KUMAR P. ADVOCATE (ABSENT)) AND:
STATE OF KARNATAKA BY MALAVALLI RURAL POLICE MANDYA DISTRICT – 571 404 REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560001 ... RESPONDENT (BY SMT. B.G.NAMITHA MAHESH, HCGP) 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 CRIME NO.355/2018 OF MALAVALLI RURAL POLICE STATION, MANDYA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 354, 504 R/W 34 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 No.1 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.355/2018 of Malavalli Rural Police Station, for the offences punishable under Sections 354, 504 r/w 34 of IPC.
2. I have heard the learned High Court Government Pleader for respondent-State. Learned counsel for the petitioner is not present.
3. The gist of the complaint is that:
On 26.12.2018, the petitioner and his son while taking bullock cart on a vacant site of the complainant, the complainant’s mother asked the petitioner not to take their cart on her vacant site and damage the same. At that time, petitioner/accused No.1 along with accused No.2 stated that they are using the road which belongs to the government and she has no authority or whatsoever in respect of the said road to question them. There were exchange of words and at that time, accused No.1 assaulted and humiliated the mother of the complainant. Thereafter, mother of the complainant went to panchayath and there she has narrated the incident, but the panchayathdars had not taken any action against the petitioner/accused No.1. She being disgusted by the same, has consumed poison and she was taken to Malavalli Government Hospital for treatment and from there she was taken to District Hospital, Mandya. On the basis of the said complaint, a case has been registered.
4. It is contended by the learned counsel for the petitioner in his petition that no such alleged incident has taken place as alleged by the complainant. The alleged offences are not punishable with death or imprisonment for life. The mother of the complainant has already been discharged from the hospital and now she is out of danger. It is further contended that the mother of the complainant is quarrelsome lady and used to pick up quarrel with every villagers and under the guise to threaten and harass the petitioner/accused No.1, the complainant has filed the false complaint. The petitioner never indulged in any act of quarrel, assault or intimidation or outraging modesty of complainant’s mother. The petitioner is innocent and he has not committed any offence and 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 petitioners/accused No.1 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner/accused No.1 abused the complainant’s mother and has also assaulted her with an intention to outrage her modesty and also intimidated her. Because of the said insult, she being disgusted has consumed poison and thereby the alleged incident has taken place. She further submits that if the petitioner/accused No.1 enlarged on bail, he may abscond and tamper with the prosecution witnesses and may not be available for investigation or interrogation. On these grounds, she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by learned High Court Government Pleader for respondent-State and perused the records.
7. A close reading of the material available on record it discloses that though mother of the complainant was got admitted in District Hospital, Mandya, she has already been discharged from the hospital and now she is out of danger. The alleged offences are not punishable with death or imprisonment for life. The only apprehension of the learned High Court Government Pleader is that if the accused/petitioner is ordered to be released on bail, he may tamper with the prosecution witnesses and he may not be available for interrogation or investigation, the same can be protected by imposing some stringent conditions. Under these facts and circumstances of the case, I feel if by imposing stringent conditions, petitioner/accused No1 is ordered to be enlarged on bail, it is going to meet the ends of justice.
8. In the light of the discussion made above, petition is allowed and the petitioner/accused No.1 is ordered to be released on anticipatory bail, in the event of his arrest in Crime No.355/2018 of Malavalli Rural Police Station for the offences punishable under Sections 354 and 504 read with 34 of IPC, subject to the following conditions:
1. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the Investigation Officer.
2. He shall surrender before the Investigation Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence either 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 jurisdictional police station till the charge sheet is filed.
5. He shall not leave the jurisdiction of the Court without prior permission.
In view of allowing the main petition, I.A.No.1/2019 filed seeking interim bail does not survive for consideration and the same stands dismissed accordingly.
Sd/- JUDGE HJ