IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.7447/2018 BETWEEN:
RAVI @ LOKESHA S/O. KRISHNA NAIK AGED ABOUT 31 YEARS BUSINESS R/O. THALANJIMANE BADAGANNUR, PUTTUR TALUK SOUTH CANARA DISTRICT PIN : 574 201 (BY SRI H.P.LEELADHAR, ADVOCATE) AND:
STATE BY BANAKAL POLICE STATION, MUDIGERE TALUK CHIKKAMAGALURU DISTRICT REP: SPP., HIGH COURT BUILDINGS BENGALURU - 01 (BY SRI K. P. YOGANNA, HCGP.) ...PETITIONER ... RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.7/2015 REGISTERED BY BANAKAL POLICE STATION, CHIKKAMAGALURU AND IN C.C.NO.502/2016 PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR. DN.) AND J.M.F.C., MUDIGERE FOR THE OFFENCES P/U/Ss.120(B), 143, 147, 447, 448, 506, 347 AND 398 R/W.
149 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.8 under Section 438 of Cr.P.C. seeking his release on anticipatory bail for the offences punishable under Sections 120(B), 143, 147, 447, 448, 506, 347, 398 r/w.149 of IPC in Crime No.7/2015 by Banakal Police Station.
2. I have heard the learned counsel for petitioner and learned High Court Government Pleader for respondent-State.
3. It is the submission of learned counsel for the petitioner that the name of the petitioner – accused No.8 has not been mentioned in the FIR and subsequently, a split-up charge sheet has been filed without following the procedure laid down in the Code of Criminal Procedure, 1973. He further submitted that the petitioner is the resident of Thalanjimane, Badagannur in Dakshina Kannada District and not aware of the case registered against him. He further submitted that already a case has been tried against accused Nos.1 to 7 by the District and Sessions Judge, Chikkamagalur, in S.C.No.89/2016 and by order dated 30.06.2018, they have been acquitted. The petitioner is ready to face the trial, if he is released on anticipatory bail as the offences alleged are not punishable with death or imprisonment for life. On these grounds he prays to allow the petition.
4. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused No.8 - petitioner is absconding since 2015 and is not available for the purpose of investigation and interrogation. He further submitted that there is prima facie material against accused No.8 – petitioner. On these grounds, he prayed to dismiss the petition.
5. I have carefully and cautiously gone through the contents of the complaint and other materials, which have been produced along with the petition.
6. Though certain allegations are made in the complaint as could be seen from the records, a case has been registered in S.C.No.89/2016 against accused Nos.1 to 7 and the learned Sessions Judge by order dated 30.06.2018, has acquitted accused Nos.1 to 7. Even the records also indicate the fact that a split-up charge sheet has been filed and the petitioner is ready to face the trial. It is also the submission of the learned counsel for the petitioner that even during trial, accused Nos.1 to 7 were on bail.
7. Under the said facts and circumstances and considering that the offences are not punishable with death or imprisonment for life, the petitioner’s presence could be secured by imposing some stringent conditions, this could meet the ends of justice.
8. In the light of the discussions held above, petition is allowed and the petitioner/accused No.8 is enlarged on anticipatory bail in the event of their arrest in Crime No.7/2015 registered by Banakal Police Station for the offences punishable under Sections 120(B), 143, 147, 447, 448, 506, 347, 398 r/w.149 of IPC subject to the following conditions:
1. Petitioner/accused No.8 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh) with two sureties each for the likesum to the satisfaction of the investigating officer.
2. He shall surrender before the Investigating Agency or before the Court within 15 days from today, failing which, the order shall automatically stands cancelled.
3. He shall attend the Court regularly on all hearing dates.
4. He shall not tamper with the prosecution evidence in any manner directly or indirectly.
5. He shall not leave the jurisdiction of Chikkamagalur district or Dakshina Kannada district without prior permission.
Sd/- JUDGE nvj