IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.7094 OF 2018 C/W CRIMINAL PETITION NO.7093 OF 2018 IN CRL.P.NO.7094/2018: BETWEEN:
1. SIDDALINGAPPA B.R.
S/O LATE RAJASHEKARAIAH B.Y AGED ABOUT 46 YEARS OCC: PRESS REPORTER R/A NO.586, KEREBEEDI MAGADI TOWN RAMANAGARA DISTRICT – 561 101.
2. C.G.GIRISHA S/O GANGAHANUMAIAH AGED ABOUT 36 YEARS OCC: PRESS REPORTER R/A CHANNAMMANAHAPALYA VILLAGE KASABA HOBLI, MAGADI TOWN RAMANAARA DISTRICT – 561 101.
...PETITIONERS (BY SRI.CHANDRASHEKARA K.A., ADVOCATE) AND:
THE STATE OF KARNATAKA BY THE POLICE OF KUDUR POLICE STATION RAMANAGARA DISTRICT – 561 101 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001.
(BY SMT.NAMITHA MAHESH B.G., HCGP) ...RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.229/2018 OF KUDURU POLICE STATION, RAMANAGARA FOR THE OFFENCES P/U/S 189, 342, 353, 354, 384, 504 AND 506 R/W SECTION 34 OF IPC.
IN CRL.P.NO.7093/2018:
BETWEEN:
GANGADHAR M.N. S/O NANJUDAPPA AGED ABOUT 45 YEARS OCC: PRESS REPORTER R/A JYOTHINAGARA MAGADI TOWN RAMANAGARA DISTRICT – 561 101.
...PETITIONER (BY SRI.CHANDRASHEKARA K.A., ADVOCATE) AND:
THE STATE OF KARNATAKA BY THE POLICE OF KUDUR POLICE STATION RAMANAGARA DISTRICT – 561 101 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU – 560 001.
...RESPONDENT (BY SMT.NAMITHA MAHESH B.G., HCGP) 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.229/2018 OF KUDURU POLICE STATION, RAMANAGARA FOR THE OFFENCES P/U/S 189, 342, 353, 354, 384, 504 AND 506 R/W SECTION 34 OF IPC.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner in Criminal Petition No.7093/2018 is accused No.1 in Crime No.229/2018 of Kudur Police Station, Magadi Taluk. Petitioners in Criminal Petition No.7094/2018 apprehend their arrest in the said case. Therefore, they have filed these petitions seeking anticipatory bail in the said case.
2. Crime No.229/2018 is registered against accused No.1-Gangadhar and his unnamed aids for the offences punishable under Sections 189, 342, 353, 354, 384, 504, 506 read with Section 34 of IPC on the basis of the complaint of Dr.Chandrakala, Medical Officer, Primary Health Centre, Marur.
3. It is alleged that on 25.08.2018, accused No.1 filed an application under Right to Information Act seeking some information. It is further alleged that on 25.08.2018 at 2.15 p.m., accused No.1 came with one of his aids to the hospital and insisted the hospital staff viz., Tilagavati, Vijayalakshmi, Sumithra etc for supply of information forthwith and when they expressed some administrative difficulty in furnishing information in the absence of the Medical Officer, the accused manhandled them and tried to grab the records relating to the information he has sought for. It is further alleged that when Soumyashree, a staff, tried to video record the overtacts of the accused, they intimidated the aforesaid staff.
4. The major offence i.e. under Section 384 IPC in the present case carries imprisonment upto three years. There is delay of six days in filing the complaint. As per Investigating Officer’s report whenever he visited the hospital, the alleged victims refused to give statement in the absence of the complainant. He further states that during his visits, the complainant was not found in the hospital. The report of the Investigating Officer indicates that the complainant and alleged victims are not co-operating for the investigation.
5. The learned Counsel for the petitioner produces the records to show that the complainant herself is facing the allegations of indiscipline, misconduct and misappropriation in her official duties. Under these circumstances, these are the fit cases to grant anticipatory bail with suitable conditions.
6. Therefore, the petitions are allowed. The petitioners are granted anticipatory bail in Crime No.229/2018 of Kudur Police Station, Magadi Taluk. If they are arrested in the said case, they shall be released on bail subject to the following conditions:
(i) They shall appear before the Investigating Officer/Court within ten days from the date of receipt of copy of this order.
(ii) They shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for their appearance.
(iii) They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) They shall not tamper the prosecution witnesses in any manner.
(v) Except for the purpose of the investigation, the petitioners shall not visit the scene of offence till the completion of the investigation.
Sd/- JUDGE Prs*