IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.7928 OF 2019 BETWEEN:
Salman J.B., S/o Basha, Aged about 21 years, R/at Kadnoor Village and Post, Virajpet Nad, South Kodagu – 571 253. (By Sri.Tejas N., Advocate) AND:
State of Karnataka, By Virajpet Rural Police, Virajpet – 571 218. (Represented by Learned State Public Prosecutor).
(By Sri. Honappa, 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 his arrest in Cr.No.98/2019 registered by Virajpet Rural Police Station, Kodagu For the offence P/U/S 353, 307, 279 and 337 read with 34 of IPC.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State. Perused the records.
2. The petitioner is arraigned as accused No.1 in Cr.No.98/2019 of respondent- Virajpet Rural Police Station for the offences punishable under Sections 353, 307, 279, 379 r/w Section 34 of IPC pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC., Court Virajpet, Kodagu District.
3. The brief facts of the case are that on 10.10.2019 when the respondent-police received a credible information that some persons are transporting sand illegally in a truck. Immediately they proceeded in their Jeep towards Bittangala junction coming within the jurisdiction of respondent-police and the vehicle bearing No. KA-12/B-0246 came in high speed and inspite of giving instructions to stop, the vehicle did not stop and tried to dash against the driver of the jeep of respondent-police and jumped out of the truck and tried to escape from the place by unloading the sand in the said tipper vehicle and the accused persons by stopping the vehicle near Hosakote ran away. On enquiry, they disclosed the name of the petitioner herein, who was driving the vehicle on that day.
4. Learned counsel for the petitioner strenuously contended that the police have parked their vehicle in the middle of the road. Therefore, the accused-petitioner might have lost the balance of the vehicle and in that context it was misconceived that he made attempt to dash against the Jeep.
Secondly, it is contended that the police people have demanded for money, as the petitioner and others refused for the same, a false case has been registered against them and the name of this petitioner was surfaced only through other accused persons. Therefore, for all these reasons, the petitioner is entitled to be enlarged on bail. Further he has contended that accused No.3, who stands on the same footing has already been released on anticipatory bail by the Court. Therefore, on the ground of parity, the petitioner is also entitled to be enlarged on bail.
5. In order to substantiate the above said contentions, there is no material available on record, particularly in the FIR to show that any demand was made or the vehicle was parked in the middle of the road and the driver in fact made attempts to park the vehicle by the side of the road. All these are the defence taken by the accused has to be established during the course of full dressed trial. The identity of the petitioner is also in question. Only after the arrest the complainant and others could identify this man whether he was the man who was driving the vehicle on that particular day or not. Under the above said circumstances, I do not find any strong grounds to release this petitioner particularly under Section 438 of IPC. Hence, the petition is liable to be rejected.
Accordingly, petition is dismissed.
However, it is made clear that if the petitioner makes an application for grant of regular bail, the same shall be disposed of as expeditiously as possible without unnecessary delay by the concerned Court.
Sd/- JUDGE Psg*