IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF ARPIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.448/2019 BETWEEN:
1. Shivaraju. M, S/o. Manjunatha, Aged about 30 years.
2. K.R.Manjunath, S/o. Ranganath, Aged about 33 years.
Both at:-
Rajiv Gandhi Nagara, Kebbahalla Sunkadakatte, Vishwanedam Post, Bengaluru North Taluk, Bengaluru-560091. ...Petitioners (By Sri. Siji Malayil, Advocate) AND:
The State of Karnataka, By Chandra Layout Police Station, Represented by SPP, High Court Building, Bengaluru-560001. ... Respondent (By Sri. M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioners on bail in the event of their arrest in Crime No.446/2018 registered by Chandra Layout Police Station, Bengaluru for the offences punishable under Sections 506, 341, 504, 143, 149, 324, 363 and 307 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 petitioners-accused Nos.1 and 2 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.446/2018 of Chandra Layout Police Station, Bengaluru City, for the offences punishable under Sections 506, 341, 504, 143, 149, 324 and additional offences under Sections 363 and 307 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. The gist of the complaint is that on 12.09.2018, the complainant went near a petty shop for smoking , at that time, one Koli Jagga and accused No.1 were fighting verbally. When the complainant intervened to pacify the fight, accused No.1 warned the complainant as he was supporting Koli Jagga. Subsequently, on 16.09.2018 at about 10:45 p.m., when again the complainant went for smoking near the petty shop, accused No.1 along with other accused persons went to the said place and abused the complainant with a filthy language and took a stone of his fist size and hit on the left portion of complainant’s back. When the complainant tried to save himself at that time, accused Nos.3, 4 and 5 pushed down the complainant and when he fell down, they kicked him and threatened to kill him. Subsequently, the injured was taken to K.C.General Hospital and was treated as an out patient and later, he was treated in Kavitha Hospital. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for petitioners that already accused Nos.3, 4 and 5 have been released on bail, on the ground of parity, the petitioners-accused Nos.1 and 2 are also entitled to be released on bail. He further submitted that the injured has sustained simple injuries and was treated in Kavitha Hospital and has been discharged and he is out of danger. The alleged offences are not punishable with death or imprisonment for life. The petitioners-accused Nos.1 and 2 are ready to abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners-accused Nos.1 and 2 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioners-accused Nos.1 and 2 along with other accused persons have attempted to commit the death of the complainant, as a result of the same, the complainant has sustained grievous injuries and he has been treated in Kavitha Hospital. No good grounds have been made out to release the petitioners-accused Nos.1 and 2 on bail. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for both the parties and perused the records.
7. As could be seen from the contents of the complaint and other material, it indicates that when the complainant went near the petty shop, because of the previous animosity and as the complainant intervened in between petitioner-accused No.1 and Koli Jagga during their verbal fight, accused No.1 assaulted the complainant with stone and accused No.2 assaulted with rod and caused the injuries. Be that as it may be, already accused Nos. 3, 4 and 5 have been released on anticipatory bail by this Court in Crl.P.No.7807/2018 by order dated 14.12.2018. Even the records disclose that the injuries sustained by the complainant are simple in nature and he has already been discharged from the hospital and he is out of danger. The alleged offences are not punishable with death or imprisonment for life. Considering the said facts and circumstances of the case, I feel that by imposing some stringent conditions if the petitioners-accused Nos.1 and 2 are released on bail, then it is going to meet the ends of justice.
In that light, criminal petition is allowed. The petitioners-accused Nos.1 and 2 are enlarged on anticipatory bail in Crime No.446/2018 of Chandra Layout Police Station, Bengaluru City, for the offences punishable under Sections 506, 341, 504, 143, 149, 324 and additional offences under Sections 363 and 307 of IPC, subject to the following conditions:
1. In the event of their arrest, the Investigating Agency is directed to enlarge them on bail on they executing a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) each with two sureties each for the likesum to the satisfaction of the Investigating Officer.
2. They shall surrender before the Investigation Agency within 15 days from today.
3. They shall not tamper with the prosecution evidence in any manner.
4. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the concerned police station till the charge sheet is filed.
5. They should be regular in attending the Court.
6. They shall not leave the jurisdiction of the Court without prior permission.
Sd/- JUDGE RB