IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE:
THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.5223/2019 BETWEEN:
SRI. A. SURESH S/O. B. ANANDAN AGED ABOUT 28 YEARS RESIDING AT NO.521/1, 2ND CROSS, G.R. HOMES, RAYASANDRA, HUSKUR POST, ANEKAL TALUK NEAR OM SHAKTHI TEMPLE BENGALURU – 560 099 ... PETITIONER [BY SRI. C. VIJAYA KUMAR, ADV.] AND:
STATE OF KARNATAKA BY MADIWALA TRAFFIC POLICE STATION BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BENGALURU – 560 001 … RESPONDENT [BY SRI. K.P. YOGANNA, HCGP] THIS PETITION IS FILED UNDER SECTION 438 OF CR.PC, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO.111/2017 OF MADIVALA TRAFFIC POLICE STATION, BENGALURU CITY, FOR THE OFFENCE P/U/S. 279, 304-A OF IPC AND SECTION 134 [A AND B] AND 187 OF INDIAN MOTOR VEHICLES ACT, 1988.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned Counsel for the petitioner, the learned Government Pleader for the respondent and perused the records..
2. Petitioner is arraigned as Accused No.2 in Crime No.111/2017 which culminated in charge sheet, later registered for the offence punishable under section 304 of IPC.
3. The brief facts of the case are that the petitioner is alleged to be the owner of motor cab bearing registration No.KA 01 AF 8965. It is alleged that knowing fully well that Accused No.1 was not having any valid driving licence, the petitioner gave his car to the said person. The deceased persons by name T. Zaheer Hussain and Mohammed Fakruddin who were traveling on their motor cycle bearing registration No.KA 03 EM 621 was dashed from behind by the vehicle belonging to the petitioner. Therefore, on those allegations, the petitioner is also brought in for the offence punishable under section 304 of IPC. At this stage, I doubt whether the offence falls under section 304 of IPC or any other provisions of the Motor Vehicles Act, 1988 itself. Therefore, the entire allegations made against Accused No.1 who caused accident, hitting motor cycle of the deceased from behind and due to which those two persons died, whether it is an accident or it falls under section 304 of IPC has to be investigated by full dressed trial. In the above circumstances, petitioner, in my opinion, is entitled to be enlarged on anticipatory bail in the event of his arrest.
4. Hence, the following:
ORDER The Petition is allowed.
Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.111/2017 of Madivala Traffic Police Station, subject to the following conditions:
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute his personal bond for a sum of Rs.50,000/- with one surety for the like- sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, for a period of three months.
v) The petitioner shall mark his attendance once in a week i.e., on Sunday between 10.00 am and 5.00 pm before the Investigating Officer for a period of two months or till the charge sheet is filed whichever is earlier.
Sd/-
JUDGE AN/-