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.9685/2018 BETWEEN :
1. Sri Anjini S/o Sri Nagappa Aged about 26 years Occ: Pig Breeding 2. Sri Venkatesh S/o Sri Durugappa Aged about 38 years Occ: Pig Breeding 3. Sri Basavaraja S/o Venkatesh Aged about 20 years Occ: Pig Breeding All r/at Goravinathota Village Harapanahalli Town Harapanahalli Taluk Davanagere District-577 302.
(By Sri H.H.Shetty, Advocate) … Petitioners AND :
The State by Harapanahalli Police Represented by State Public Prosecutor High Court Building, Bengaluru-560 001.
(By Sri M.Divakar Maddur, 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 Crime No.296/2018 of Harapanahalli Police Station, Davanagere District, for the offences punishable under Sections 143, 147, 148, 307, 323, 324, 504 and 506 r/w. Section 149 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused Nos.1, 2 and 5 under Section 438 of Cr.P.C. praying to release them on anticipatory bail in the event of their arrest in Crime No.296 of Harapanahalli Police Station for the offences punishable under Sections 143, 147, 148, 307, 323, 324, 504, 506 r/w. Section 149 of IPC.
2. I have heard the learned counsel for the petitioners and the learned HCGP for the respondent- State.
3. The gist of the complaint is that on 9.11.2018 when the complainant was watching a movie in Kusuma Theatre, he received a phone call from his brother at about 8.15 p.m., saying that accused have taken away the pigs belonging to the complainant and the pigs were being transported in the vehicle. Immediately, he went to the spot and there he saw that the accused were transporting the pigs belonging to the complainant in Bolero Jeep. When the complainant and his brother questioned the accused, they formed an unlawful assembly and started abusing them in filthy language and threatened with life. The accused persons took out a iron rod and wickets and hit the complainant on his head, as a result of the same, he suffered injury on his left hand and accused persons have also assaulted him on his back and left leg and caused him bodily pain. When the brother of the complainant came to his rescue, they pushed him and kicked him. They also gave life threat to the complainant and his brother. On the basis of the complaint, a case has been registered.
4. It is the submission of the learned counsel for the petitioners that earlier to the alleged incident, a counter case has been registered against the complainant in Crime No.295/.2018 for similar type of offence and only with a grudge, the present complaint has been filed against the accused persons as a counter blast. He further submitted that the complainant has not been admitted in the hospital and complaint also does not disclose the said fact. There are no serious allegations as against the petitioners. The alleged offences are not punishable with death or imprisonment for life. The petitioners are ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners on anticipatory bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioners have assaulted the complainant with iron rod and wickets as a result of the same, the complainant suffered injuries on his head and still he is in hospital. The complaint and other material shows that there are overt acts alleged as against the petitioners. The accused-petitioners are absconding and were not available for investigation or interrogation. If they are released on anticipatory bail, they may abscond and may not be available for trial. 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 the parties and perused the records.
7. Though several contentions are taken up by the learned counsel for the petitioners, the material on record would indicate that the accused-petitioners have assaulted the complainant with iron rod and wickets, as a result of which the complainant has suffered injuries. No documents have been produced to substantiate the fact that the injuries suffered by the complainant are simple in nature, he is out of danger and has been discharged from the hospital. When it is submitted by the learned HCGP that the injured complainant is in hospital and he has not been discharged, then under such circumstances, this is not a fit case to exercise the power under Section 438 of Cr.P.C. and to release the petitioners on anticipatory bail.
Hence, the petition stands dismissed. However, liberty is reserved to the petitioners if they surrender and file a fresh bail petition after filing of the charge sheet. The above observation will not come in the way to dispose of on merit.
Sd/- JUDGE *ck/-