IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7070/2019 BETWEEN 1. SRI. BYRAPPA S/O. LATE NYATHAPPA AGED ABOUT 65 YEARS, 2. SRI. ANANDA BABU S/O. BYRAPPA AGED ABOUT 39 YEARS 3. SRI. MOHAN BABU S/O. BYRAPPA AGED ABOUT 36 YEARS ALL ARE RESIDING AT REDDIHALLI VILLAGE S.G. KOTE POST KASABA HOBLI BANGARPET TALUK KOLAR DISTRICT-563 216 ... PETITIONERS (BY SRI. RAVINDRA M.V., ADVOCATE) AND THE STATE OF KARNATAKA BY BANGARPET POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE-560 001 … RESPONDENT (BY SRI. HONNAPPA., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.196/2019 OF BANGARPET P.S., K.G.F FOR THE OFFENCE P/U/S 143, 323, 324, 504, 506, 354, 327 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners (A1 to A3) and the learned HCGP for the Respondent –State. Perused the records.
2. The respondent-Bangarpet Police, Kolar District, KGF have registered a case in Crime No.196/2019 against the petitioners (A1 to A3) for the offence punishable under Sections 143, 323, 324, 504, 506, 354, 327 r/w. 149 of IPC, now pending on the file of Principal Civil Judge (Sr.Dn.) & CJM Court, Bangarpet, Kolar District Sitting at KGF.
3. The brief facts of the case are that, on 03.09.2019 at about 7.30 a.m., when the complainant aged about 29 years, for the purpose of going to college she came out from her house, at that time Accused No.1 prevented her from moving further and abused her in filthy language and dragged her by pulling her hair and also assaulted her with his hands. Accused Nos.2 & 3 have threatened her with dire consequences stating that, they well squeeze her neck. Accused No.3 caught hold her two legs and assaulted her with hands particularly Accused No.2 assaulted her and kicked on her chest and also bit her chest and torn the top portion of her clothes and Accused No.4 also assaulted her with a brick and the accused persons have snatched her golden chain and other accused persons have also assaulted her with clubs and other things.
4. On the above said allegations the respondent-police have investigated the matter. The petitioners have approached the learned District and Sessions Judge in Crl. Misc. No.566/2019. The learned Sessions Judge has granted bail to Accused Nos. 4 to 9 and rejected the bail petition so far as these petitioners (A1 to A3) are concerned.
5. It is submitted that a counter complaint is also lodged by the accused against the complainant and it discloses that incident happened between two groups. Of course, in the counter complaint, the complainant in this case is also one of the accused, but it is for the offence under Sections 323 and 324 of IPC.
6. Looking to the nature of the allegations and the facts of the case, it appears that there are serious allegations against Accused No.2, who actually attempted to outrage the modesty of the complainant and also kicked on her chest and bit the chest of the victim. Therefore, in my opinion, Accused Nos. 1 & 3 are entitled to be enlarged on bail. However, petitioner No.2 (A2) is not entitled to be enlarged on anticipatory bail.
7. It is made clear that, if Petitioner No.2 makes any application for grant of Regular Bail, the trial Court is directed to consider and dispose of the same without any unnecessary delay. Accordingly, I pass the following:
ORDER a) The petition is partly allowed.
b) The Petition is dismissed in so far as Petitioner No.2 (A2) is concerned.
c) The Petition is allowed in so far as Petitioner Nos.1 & 3 (A1-Byrappa & A3-Mohan Babu) are concerned. Consequently, the petitioners (A1 & A3) shall be released on bail in the event of their arrest in connection with Crime No.196/2019 of Bangarpet Police Station, Kolar District, Sitting at KGF, for the aforesaid offences, now pending on the file of the Principal Civil Judge (Sr.Dn.) & CJM court, Bangarpet, Kolar District, KGF, subject to the following conditions:-
d) The petitioners shall surrender themselves before the Investigating Officer within 10 days from the date of receipt of a copy of this order and each of them shall execute their respective personal bonds for a sum of Rs1,00,000/- (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
e) The petitioners shall not hamper the investigation and tamper the prosecution witnesses.
f) The petitioners shall co-operate with the Investigating Officer to complete the investigation and shall appear before the Investigating Officer as and when called for.
g) The petitioners shall not leave the jurisdiction of Kolar District/KGF, without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
h) The petitioners shall mark their attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm, before the concerned Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
KGR* Sd/-
JUDGE