IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.4889 OF 2019 BETWEEN:
1. SRI MAHESHA S/O REVANNA AGED ABOUT 25 YEARS 2. SRI MADHU S/O YALLAPPA AGED ABOUT 25 YEARS BOTH ARE R/AT G.GOLLAHALLI VILLAGE KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU – 560 089 ...PETITIONERS (BY SRI R.V.SHIVANANDA REDDY., ADV.) AND STATE OF KARNATAKA BY KAGGALIPURA POLICE BENGALURU REPTD. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU – 560 001 ...RESPONDENT (BY SRI DILDAR SHIRALI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN EVENT OF HIS ARREST IN CR.NO.263/2018 OF KAGGALIPURA POLICE STATION, RAMANAGARA FOR THE OFFENCE P/U/S 354, 327, 324, 307 R/W SECTION 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are accused Nos.2 and 4 in Crime No.263/2018 of Kaggalipura police station, which is now pending in C.C.No.2418/2019 on the file of II Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru.
2. Petitioners and six others were charge sheeted in the said case for the offences punishable under Section 354, 327, 324, 307 r/w Section 149 of Indian Penal Code, on the basis of complaint of CW-1 Yashodamma.
3. It is alleged that on 14.07.2018 at 1.30 p.m., accused being members of unlawful assembly armed with choppers and clubs trespassed into the land of the complainant party, when the complainant party questioned that they assaulted CWs-1 to 3 and attempted to commit their murder.
4. It is alleged that petitioner No.1 and accused No.3 Harish assaulted CW-3 with clubs on her arm and petitioner No.2 assaulted CW-2 with chopper on his head and back and caused grievous injuries.
5. Criminal Petition Nos.6440/2018 and 6607/2018 filed by the petitioners were rejected by this Court on the ground that investigation is still pending. Now, investigation is completed. Co-accused are granted bail.
6. The injury suffered by CW-2 is simple in nature and injury suffered by CW-3 is fracture of the right wrist, which is grievous. Co-accused Revanna and Harisha against whom the same overt acts were imputed have been granted anticipatory bail. Now the victims have recovered.
7. Apprehension of the prosecution is that petitioners’ detention is required to recover the weapons used by them in commission of offence. The said apprehension can be remedied by imposing suitable conditions.
Under such circumstances, petition is allowed. Petitioners are granted anticipatory bail in Crime No.263/2018 of Kaggalipura police station which is now pending in C.C.No.2418/2019 on the file on the II Additional Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru.
If they are arrested in the case, they shall be released on bail subject to the following conditions:
1) They shall appear before the investigating officer within ten days from the date of receipt of copy of this order;
2) They shall execute personal bond in a sum of Rs.50,000/- and furnish one surety for the like-sum to the satisfaction of the Investigating Officer/Magistrate;
3) They shall appear before the investigating officer/Court as and when required for the purpose of investigation/trial;
4) They shall not tamper the prosecution witnesses;
5) They shall not visit the scene of offence till the case is committed to the Sessions Court;
6) They shall mark their attendance before the Investigating Officer on first Sunday of each month till the case is committed to the Sessions Court.
Investigation Officer is at liberty to interrogate them and conduct the required investigation relating to them.
Sd/- JUDGE KG