IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4467/2019 BETWEEN:
1. SRI NAGARAJU S., S/O SIDDAIAH, AGED ABOUT 24 YEARS 2. SRI RAJU @ VENKATARAJU S/O RAJU, AGED ABOUT 25 YEARS 3. SRI RAJESHA S/O DASAIAH, AGED ABOUT 20 YEARS 4. SRI SHIVAKUMARA S., S/O SIDDAIAH, AGED ABOUT 21 YEARS ALL ARE R/AT KANDEGALA VILLAGE KANDALIKE HOBLI SARAGUR TALUK MYSURU DISTRICT-571121 ...PETITIONERS (BY SRI SRINIVASA D.C., ADV.) AND:
STATE OF KARNATAKA BY SARAGUR POLICE REP BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU-560001 …RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRL.P. IS FILED UNDER SECTION 438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.15/2019 OF SARAGUR P.S., MYSURU DISTRICT FOR THE OFFENCE P/U/S 143, 147, 353, 332, 504 R/W 149 OF IPC.
THIS CRL.P. COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioners and the learned HCPG. Perused the records.
2. The factual matrix that divulged from the First Information Report is that on 27.2.2019 at about 8.00 p.m., the police officials by name Mahendra Kumar, Mohan Raje Urs, Srikantaswamy, Maliyappa, Rachappa, Kendaganna Swamy, Vishwanatha, Raghu, Mahadevaswamy and Mahesh were all deputed to Kandhegala village for bandobust duty particularly with reference to Orchestra during Mahadeshwara Swamy fair. When these persons were discharging their duties as public servants, there was some galata during the Orchestra at about 2.00 a.m. In that context, the police personnel tried to resolve the dispute. It is alleged that these petitioners have actually assaulted with their hands and stones on the complainant as well as one Raghu and Mahesha and abused them with filthy language and threatened them with dire consequences and tore the uniform. On these allegations, a complaint came to be lodged and the police have registered a case.
3. It is submitted by the learned counsel that the accused No.1 Prakasha and accused No.2 Govinda have already been released on bail on they being arrested and produced before the Court. Looking into the above said facts and circumstances, there is absolutely no mistake or fault committed by the police officials. But when they were discharging their duties, these petitioners are alleged to have assaulted the police. Under the above said circumstances, I am of the opinion the petitioners are not entitled to be enlarged on anticipatory bail. However, it is made clear that in view of accused Nos.1 and 2 already been enlarged, the petitioners who are arraigned as A3 to 6 can also surrender themselves before the jurisdictional Magistrate and plead for their release. The learned jurisdictional Court after taking into consideration that the accused Nos.1 and 2 are already released on bail, dispose of the application, if filed by the petitioners under Section 437 of Cr.P.C, as expeditiously as possible.
With these observations, the petition stands dismissed.
Sd/-
JUDGE Dvr: