IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.7924 OF 2019 BETWEEN:
Sri Mohan K. Rao, S/o. Late Kamalaksha Rao Aged 25 years, R/at No.7, 141-A, 2nd Cross, Shivanagara, Badagubettu Road, Parkala Post, Udupi-576 101 …PETITIONER (BY SRI RAJARAM S., ADV.) AND:
The State of Karnataka, By Manipal Police Station, Udupi District Udupi, Represented by the State Public Prosecutor, High Court Buildings, Dr. B.R. Ambedkar Veedhi, Bengaluru-560 001 (BY SRI ROHITH B.J., HCGP) …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. 139/2019 OF MANIPAL POLICE STATION, UDUPI FOR THE OFFENCE P/U/Ss. 143, 144, 147, 148, 323, 324, 365, 506, 341 AND 342 R/W. 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS 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 arraigned as accused No.1 in Crime No.139/2019 of Manipal Police Station, for the offence under Sections 143, 144, 147, 148, 323, 324, 365, 506, 341, 342 read with Section 149 of IPC.
3. The brief facts of the case are that on 02.10.2019 in night hours at about 10.30, one Mr. Remi D’Silva was in Cherish Building Flat No.F3 in Manipal V.P. Nagar, he went downward from the said flat at that time the complainant by name Chetan observed that 4 to 5 persons assaulting the said Remi D’Silva. He requested them not to assault Remi D’Silva, but they pushed him back and threatened him not to come in their matter. One of them has assaulted Remi D’Silva with hockey stick on his neck. Thereafter they took the complainant and the said injured in a Ritz Car in which the accused No.1-Mahan and 2 to 3 other persons were there and all of them have assaulted the said Remi D’Silva with hands and hockey sticks. He sustained injuries to his nose and he lost his conscious, thereafter he was shifted to the hospital.
4. On careful perusal of the first information report there is no allegation so far as this petitioner is concerned, the name was unknown to the complainant that he assaulted with hockey stick, but it is only stated that he assaulted with the hands to the injured. Therefore, looking to the above said circumstances, it appears some group clash has been taken place between them and in that context the above said persons were fought with each other. The offence under Section 365 of IPC whether it is attracted or not has to be tested during the course of full dressed trial as it is alleged that the accused themselves have shifted the injured to the hospital. The other offences alleged are virtually bailable in nature.
5. 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.139/2019 of Manipal 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 solvent 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*