IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 3811/2019 BETWEEN SRI BHARATH KUMAR @ BHARATH @SLUM BHARATH S/O SRI RAMACHANDRAPPA AGED ABOUT 28 YEARS R/AT NO.252, 1ST MAIN 1ST CROSS, BASAPPA KATTE RAJAGOPALA NAGAR BENGALURU - 560 089 ... PETITIONER (BY SRI. R. B. SADASIVAPPA, ADVOCATE) AND STATE OF KARNATAKA BY KENGERI POLICE STATION BENGALURU REP. BY THE LEARNED PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 42/2019 (S.C.NO. 643/2019) OF KENGERI POLICE STATION, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTION 353, 332, 307 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned HCGP appearing for the respondent-State. Perused the records.
2. The Respondent-Kengeri Police have registered a case in Crime No.42/2019 under Sections 353, 332 and 307 of IPC against the petitioner.
3. The brief facts of the case are that, the accused/petitioner found to be an accused in various cases and he is a habitual offender and a rowdy sheeter. In order to apprehend him, the police have constituted a team consisting of one Mr. Rajiv, Lakshmikanthaiah, Narasimha Murthy, Umesh, Hanumethi and Bharath. On receipt of credible information on 01.02.2019 at about 5.00 p.m., that this petitioner was coming in his car bearing Registration No.KA.03-NB 6775, the said investigation team went to Kommaghatta Circle, Kengeri and intercepted the car in which the petitioner was proceeding. In fact the petitioner tried to escape from there, but the investigating team has surrounded the petitioner. In this context, it is alleged that the police personnel were having revolver with them and the petitioner was having a dragger in his hand. In order to escape from the police, the petitioner with the dragger assaulted one Hanumesh on his neck, but, he avoided that assault by putting his hand across. Therefore, he sustained a simple hurt to his left hand. Thereafter, the Police Officer also shot towards the said petitioner and in turn he also sustained injury to his leg. On these allegations, the police have investigated the matter and in fact submitted a charge sheet against the petitioner for the above said offences. The petitioner has been in judicial custody for more than five months. The Sessions Court mainly persuaded by the fact that the petitioner is a rowdy sheeter and many number of cases are pending against him, has rejected the bail petition. But the trial court has not looked into the real fact in this particular case that, whether the offence fall under Section 307 of IPC or not. Section 353 and 332 are the offences which are not punishable with more than three years and offence under Section 307 of IPC is though punishable with life imprisonment, but the ingredients as could be seen from the above allegations, reveals that he inflicted only simple injury to one of the police personnel. Except that no other injuries have been sustained by any other police personnel. On the other hand, the petitioner also suffered an injury because of a gun shot triggered towards him. Though the conduct and previous antecedent of the petitioner may not be a ground, but the Court has to see the particular facts as to whether any strong and unbeatable prima facie case has been made-out by the respondent-State for the purpose of refusing bail.
4. In the above said facts and circumstances of the case, I am of the opinion that the bail has to be granted to petitioner on certain stringent conditions. Hence, the following order:-
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.42/2019 of Kengeri Police Station registered against him for the offence punishable under Sections 353, 332, 307 of IPC, now pending on the file of 56th Addl. City Civil and Sessions Judge, Bengaluru, in SC No.643/2019, subject to following conditions:-
i) The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall not indulge in tampering the prosecution witnesses.
iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the Court.
Sd/- JUDGE KGR*