IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 01ST DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.G.M. PATIL CRIMINAL PETITION NO. 7212/2019 C/W CRIMINAL PETITION NO. 7256/2019 Crl.P. NO. 7212/2019 BETWEEN:
Sri. Ashok Reddy, Aged about 35 years, S/o R.Hanumanthareddy, R/at No.23/2, 2nd Cross, Babureddy Layout, Manorayanapalya, R.T. Nagar Post, Bengaluru – 560032. …Petitioner (By Sri.R.V.Shivananda Reddy, Advocate) AND:
State of Karnataka, By Hebbal Police, Bengaluru, Reptd. by State Public Prosecutor, High Court Building, Bengaluru -560001. …. Respondent (By Sri. Mahesh Shetty, HCGP) CRIMINAL PETITION NO. 7256/2019 BETWEEN Sri. Munichennappa, S/o Jaladappa, Agedabout 34 years, R/at Obalahalli Village, Bylanarasaura Post, Nandagudi Hobli, Hosakote Taluk – 560067 Bangalore Rural District. …. Petitioner (By Sri. R. Ramesh, Advocate for Sri. Shankarappa S, Advocate) AND:
State of Karnataka By Hebbal P.S, Bangalore -560024. Reptd. by HCGP, High Court of Karnataka, Ambedkar Veedhi, Bangalore -01. … Respondent (By Sri.Mahesh Shetty HCGP) These criminal petitions are filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Cr.No.153/2019 registered by Hebbal Police Station, Bengaluru for the offence puni8shable under Section 304- II, 304-A and 337 r/w 34 of IPC etc.
These petitions are coming on for orders this day, the Court made the following;
ORDER Learned HCGP is directed to take notice for respondents in both the criminal petitions.
These two petitions are filed by the petitioners/accused Nos.2 and 3 under Section 439 of Cr.P.C. seeking to enlarge them on bail in Crime No.153/2019 of Hebbal Police Station for the offence punishable under Sections 337, 304-II, 304-A r/w 34 of IPC.
2. It is the case of the prosecution that on 10/09/2019 the complainant, her husband and her daughter were in the house and at about 12.30 p.m., a lorry bearing No.KA-03-AB-549 was unloading the sand near adjoining wall of the complainant’s house. While doing so, the said lorry dashed from backside to one portion of the wall of the complainant’s house. As a result, the wall was completely collapsed, sand and bricks were fell on the complainant, her daughter, her husband and her brother and her daughter -Reethya was completely covered with sand and bricks, due to which, she sustained injuries on her head and other parts of the body. When her daughter was taken to Dr.Ambedkar Hospital, she was declared as brought dead. Thereafter, complainant filed a complaint on the basis of which respondent/police have registered a case against accused Nos.1 to 6 for the aforesaid offences.
3. Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State.
4. The learned advocates for the respective petitioners submit that petitioners were arrested on 12/09/2019 and since then they are in judicial custody. Petitioners are innocent and they are law abiding citizens and they have not committed alleged offences. It is further submitted that accused No.4 was enlarged on anticipatory bail by the Sessions Court and that petitioners are ready to furnish surety and abide by the conditions which may be imposed by the Court.
5. The allegations in the complaint go to show that the alleged incident took place when the lorry was driven by accused No.1 hit the wall of the house of the complainant. The daughter of the complainant succumbed to the injuries sustained in the said incident. It is not disputed that petitioners herein are permanent residents of Bengaluru City. The alleged offences are not punishable with death or imprisonment for life and the said offences are triable by the Court of Sessions. In the circumstances, this court is of the considered view that the petitioners could be enlarged on bail by imposing necessary conditions.
6. Accordingly, I pass the following order.
Both these petitions are allowed. Petitioners are ordered to be enlarged on bail in Crime No.153/2019 of Hebbal Police Station on the following conditions;
i) Each of the petitioners shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like sum to the satisfaction of the jurisdictional Court.
ii) The petitioners shall not tamper with the prosecution witnesses or evidence.
iii) The petitioners shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against them is disposed of.
Sd/- JUDGE Msu