IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. No. 3488/2019 BETWEEN 1. RAMA @ RAMESH MAHADEVA @ MAHADEVAIAH AGED ABOUT 27 YEARS 2. KRISHNA @ SHIVAKUMARA S/O KUMARA, AGED ABOUT 18 YEARS BOTH ARE R/AT SINDUVALLI VILLAGE, NANJANAGUD TALUK MYSURU DISTRICT – 570 031 ... PETITIONERS (BY SRI. H. P. VEERABHADRA SWAMY, ADVOCATE) AND THE STATE OF KARNATAKA NANJANAGUD RURAL POLICE STATION MYSURU BY ITS S.P.P. HIGH COURT OF KARNATAKA BENGALURU-560 001 (BY SRI. K. P. YOGANNA, HCGP) ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.27/2019 REGISTERED BY NANJANAGUDU RURAL POLICE STATION, MYSURU DISTRICT FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 323, 354, 114, 506 AND 341 READ WITH 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records.
2. The petitioners- 1 & 2 are arraigned as Accused Nos.1 & 2 in connection with Crime No.27/19 on the file of the respondent-Nanjanagudu police for the offences under Sections 323, 354, 114, 506, 341 r/w. Section 34 of IPC.
3. The allegations in brief are that, on 31.01.2019 at about 5.40 pm., when the complainant- Smt. Kamala, daughter of Bhagyamma, was returning home after attending her work, at that time, the petitioners (A1 & A2) and another person came on bike and wrongfully restrained her and pulled her hands. It is also alleged that they abused her in filthy language and gave blows on her head and on her chest dashing his head against her head. It is further alleged that the petitioners/accused torn her clothes and tried to outrage her modesty and thereby, they made the complainant to suffer physically and mentally, and they gave threat of killing her.
4. During the course of the arguments, learned counsel for the petitioners submitted that Accused Nos.1, 3 & 4 have already granted with bail by the trial court itself. Therefore, the petition so far as it relates to Petitioner No.1 has become infructuous. Therefore, the petition as against petitioner No.1 may be dismissed as having become infructuous.
5. In the above said facts and circumstances of the case and since the other accused persons have already been released on bail as and there is no specific allegation against the petitioner No. 2 herein (A2), there is no legal impediment for this court to grant bail, as prayed for. Hence, the following order:-
ORDER The petition as against petitioner No.2 (A2) is allowed. Consequently, the petitioner No.2(A2) shall be released on bail in the event of his arrest in connection with Crime No.27/2019 of Nanjangudu Rural Police Station, for the aforesaid offences, which is pending on the file of the Court of Principal Civil Judge (Jr.Dn.) and JMFC at Nanjangud, Mysuru District, subject to the following conditions:-
i) The petitioner No.2 (A2) shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute a personal bond for a sum of Rs.50,000/- (Fifty thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner No.2 (A2) shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner No.2 (A2) shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner No.2 (A2) shall not leave the jurisdiction of Mysuru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner No.2 (A2) shall mark his attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.
The petition against Petitioner No.1(A1) is dismissed as having become infructuous.
Sd/- JUDGE KGR*