IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.5709/2018 BETWEEN:
1. Sri Anjinappa S/o Narayanappa, Aged about 40 years, Agriculturist, R/at Bagaluru Village, Jala Hobli, Bengaluru North Taluk-562 149.
2. Sri Nagaraju @ Rajanna S/o Anjinappa, Aged about 50 years, Agriculturist, R/at Bagaluru Village, Jala Hobli, Bengaluru-562 149. ...Petitioners (By Sri Mohan Kumar.D, Advocate) AND:
State of Karnataka By Bagaluru Police, Rept. by Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ... 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.245/2017 of Bagalur Police Station, Bengaluru City for the offences punishable under Sections 506, 341, 307, 143, 504, 323, 324, 385, 363 read with 34 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.4 and 5 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.245/2017 of Bagalur Police Station, Bengaluru City for the offences punishable under Sections 506, 341, 307, 143, 504, 323, 324, 385, 363 read with 34 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
3. It is the submission of learned counsel for the petitioners that accused Nos.6 and 7 have been granted anticipatory bail, under similar facts and circumstances, the petitioners-accused Nos.4 and 5 are also entitled to be released on bail. It is further submitted that the injured is discharged from the hospital and he is out of danger and the alleged act does not constitute any intention to cause the death of the injured. He further submitted that the petitioners- accused Nos.4 and 5 are ready to co-operate with the investigation, 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.4 and 5 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that there is ample material to connect the petitioners-accused Nos.4 and 5 for having been involved in the alleged crime and there is specific overt act for having assaulted the injured by the petitioners. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
7. By going through the records of this Court, while considering the material placed on record, under similar facts and circumstances of the case, accused Nos.6 and 7 have been granted anticipatory bail by this Court in Crl.P.No.788/2018 vide order dated 16.02.2018. In that light, the petitioners are also entitled to be released on bail.
Accordingly, criminal petition is allowed. Petitioners-accused Nos.4 and 5 are ordered to be released on anticipatory bail in the event of their arrest in Crime No.245/2017 of Bagalur Police Station, Bengaluru City for the offences punishable under Sections 506, 341, 307, 143, 504, 323, 324, 385, 363 read with 34 of IPC, subject to the following conditions:
1. Each of the petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two sureties each for the likesum to the satisfaction of the Investigating Officer.
2. They should surrender before the Investigating 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