IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.8154/2019 BETWEEN:
SRI JAGANNATH P.S S/O SRINIVASAPPA (WRONGLY SHOWN AS JAGADISH IN FIR) AGED ABOUT 27 YEARS RESIDENT OF PYPALYA VILLAGE BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT, PIN – 563 159.
(BY SRI K.B.K. SWAMY, ADVOCATE) AND:
STATE OF KARNATAKA BY SHO BAGEPALLI P.S BAGEPALLI, CHIKKABALLAPURA DISTRICT, PIN – 563 159.
REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING COMPLEX BENGALURU PIN – 560 001.
… PETITIONER ... RESPONDENT (BY SRI ROHITH B.J., HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.309/2019 REGISTERED BY BAGEPALLI POLICE STATION, CHICKBALLAPURA FOR THE OFFENCE PUNISHABLE UNDER SECTION 143, 147, 323, 332, 341, 353, 504, 506 R/W SECTION 149 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 High Court Government Pleader for the respondent – State. Perused the records.
2. Petitioner has approached the Sessions Court for grant of anticipatory bail by filing Crl.Misc.No.931/2019 on the ground that he has not actually participated in committing any offence as alleged in Crime No.309/2019 registered by the respondent – police for the offence under Sections 143, 147, 323, 332, 341, 353, 504, 506 read with Section 149 IPC which came to be dismissed.
3. Though the name of one Jagadish is mentioned arraying him as accused No.13, by mistaken notion, police are making arrangements to arrest the petitioner herein. Therefore, petitioner is apprehending arrest at the hands of respondent – police. Hence, he sought for grant of anticipatory bail.
4. The FIR is lodged by one Ramesh, A.S.I. In the said FIR, it is stated that on 29.09.2019 at about 1.30 p.m., when he was discharging his duties along with other police personnel, they were checking the vehicles which are passing through the DVG Road, near SBM Circle, Bagepalli Taluk. The driver of the Alto car bearing registration No.KA50/N-3317 was driving the car without seat belt. Therefore, the said car was intercepted and when the police personnel asked him to pay a fine of Rs.500/-, he has stated that he would pay Rs.200/-. In spite of that, the police personnel asked him to pay Rs.500/-, for which he would be entitled for receipt. Immediately, the said driver got down from the car and started quarreling and abused them in filthy language. In that context, lot of people gathered there and they also started quarrelling with the police personnel. In fact, the FIR itself contains the names of as many as 18 persons, but the name of this petitioner is not specifically mentioned, but the name of one Jagadeesha has been arrayed as one of the accused. In the absence of specific name of the petitioner, police cannot arrest the petitioner unless he is specifically identified as one of the culprits at the time of incident. Therefore, when doubtful circumstances are there, in my opinion, it is just and necessary to grant anticipatory bail to the petitioner on conditions. 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.309/2019 registered by the respondent – police for the offence under Sections 143, 147, 323, 332, 341, 353, 504, 506 read with Section 149 IPC, 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 his 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 PKS