IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.7632 OF 2019 BETWEEN:
Sri Giriraja, S/o. Sri Kenchappa, Aged about 35 years, Electrical Contractor, R/o. Gajanur Village, Shivamogga Taluk, Shivamogga District-577 236 (BY SRI H.S. PRASHANTH, ADVOCATE) AND:
State of Karnataka by Tunganagar Police Station, Shivamogga District (Represented by SPP, High Court of Karnataka, Bengaluru-01) (BY SRI ROHITH B.J., HCGP) …PETITIONER …RESPONDENT ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO. 396/2019 REGISTERED BY TUNGA NAGAR POLICE STATION, SHIVAMOGGA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 504, 506, 186 AND 353 OF IPC.
THIS PETITION COMING ON FOR ORDER THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent-State. Perused the records.
2. The petitioner is the sole accused in Crime No.396/2019 of Tunga Nagar Police Station, Shivamogga, registered for the offences under Sections 504, 506, 186 and 353 of IPC. All the offences except 353 of IPC are bailable in nature.
3. The allegations are that the complainant Mr.
Jayesh, Range Forest Officer, Shankara Valaya, Shivamogga alleged that the petitioner has cut down some Mango Trees near Ganapathi Temple in Gajanur, therefore, the complainant questioned the same with the petitioner, in turn he was threatened him with dire consequences and also prevented him from discharging his duties. But, actually there was no allegation of preventing the said person from discharging his duties. In fact, the complainant has registered a case in Crime No.38/2019-2020 in connection with the forest offences, therefore, in above said circumstances the offence under Section 353 being committed has to be proved beyond all reasonable doubt. Under the above said circumstances, the petitioner is entitled to be enlarged on bail on stringent conditions.
4. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.396/2019 of Tunga Nagar Police Station, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE Sbs*