IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.7384/2019 BETWEEN 1. RUDRACHARI S/O. MOUNACHARI AGED 57 YEARS 2. D.R. VINAY S/O. RUDRACHARI AGED 23 YEARS BOTH ARE R/O NO. 66/A, 2ND CROSS SIDDARUDA NAGARA OLD TOWN BHADRAVATHI – 577 245 ... PETITIONERS (BY SRI. S. G. HOMBE GOWDA, ADVOCATE FOR SRI. PRASAD B. S, ADVOCATE)
PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.110/2019 REGISTERED BY BHADRAVATHI OLD TOWN POLICE STATION, SHIVMOGGA FOR THE OFFENCE P/U/Ss. 405, 406, 408, 409, 415, 416, 417, 419, 420 AND 120(B) OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent –State. Perused the records.
2. The brief facts of the case are that, Petitioner No.1 (A1) was working as an Assistant Engineer in Prasara Bharathi - Akashavani, which is an India’s Public Service Broadcaster, All India Radio at Bhadravathi. Petitioner No.2 (A2) is none other than the son of Petitioner No.1 (A1). It is alleged that, though the 1st petitioner (A1) being an employee working as an Assistant Engineer in All India Radio and was drawing salary of Rs.54,771/-, he has given declaration that his income was Rs.40,000/- pa. and by showing his employment as a business man, he has taken income certificate to that extent for the purpose of getting a seat in B.Sc. Forestry course for the 2nd petitioner (A2). On the basis of the said allegations, a complaint came to be filed before the respondent-Old Town Police Station, Bhadravathi. Consequently, the said police have registered a case for the offences punishable under Sections 405, 406, 408, 409, 415, 416, 417, 420, 120(B) of IPC in Crime No.110/2019, of Bhadravathi Old Town Police Station which is now pending before the court of Addl. Civil Judge (Jr.Dn.) & JMFC-II, Bhadravathi, Shimoga District.
3. In the above facts and circumstances of the case, in my opinion, the above said case may be investigated on the basis of the documentary evidence and as such, his custodial investigation may not be necessary in this case. Further added to that, the alleged offences are not punishable either with the sentence of death or imprisonment for life. Therefore, the petitioners (A1 & A2) are entitled to be enlarged on bail on certain stringent conditions. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioners (A1 & A2) shall be released on bail in the event of their arrest in connection with Crime No.110/2019 of respondent- Bhadravathi Old Town Police Station, Bhadravathi, registered for the aforesaid offences, which is now pending before the Court of Addl. Civil Judge (Jr.Dn.) & JMFC-2, Bhadravathi, Shivamogga District, on the following conditions:-
i) The petitioners shall surrender themselves before the concerned Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their personal bonds for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of the concerned District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
KGR* Sd/-
JUDGE