IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL 2019 BEFORE THE HON'BLE MR. JUSTICE B.A.PATIL CRIMINAL PETITION NO.1295/2019 BETWEEN:
1.SRI NAVAZ, S/O ABDUL REHAMAN, AGED ABOUT 24 YEARS R/O 1ST CROSS, KUVEMPUNAGARA, KOPPA TOWN & TALUK, CHIKMAGALUR DISTRICT PIN – 577126 2. SRI NADEEM SAVANUR, S/O IQBAL SAB, AGED ABOUT 26 YEARS, R/O TIPPUNAGAR, RATTIHALLI VILLAGE, HIREKERUR TALUK, HAVERI DISTRICT PIN – 581111.
3.SRI MOHAMMED ISMAIL, S/O ABUBAKKAR, AGED ABOUT 30 YEARS, R/O RUSHAID MANZIL, CHANDRANAGARA, NEAR KHILIRIYA JUMMA MASJID KALATHUR SOUTH, UDUPI DISTRICT PIN – 576101.
4.HUSENABBA, S/O MOHAMMED, AGED ABOUT 28 YEARS, R/O MULOOR, UCHILA, UDUP DISTRICT 576101.
5.SRI IMTIYAZ PASHA, S/O PAKIR SAHIB, AGED ABOUT 44 YEARS, R/O GORI ROAD, 2ND CROSS, HARANDUR, KOPPA TALUK, CHIKAMAGALUR DISTRICT- 577126 ... PETITIONERS (BY SRI. RAVIKUMAR N R, ADVOCATE FOR SRI. K.S.GANESH, ADVOCATE) AND:
1.STATE BY KOPPA POLICE, CHIKMAGALUR DISTRICT, REPTD BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 01.
2.DR NEELAKANTAPPA, AGED ABOUT 55 YEARS, DOCTOR IN PROFESSION, KOPPA GOVERNMENT HOSPITAL, KOPPA – 577126.
.. RESPONDENTS (BY Sri. DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.141/2018 REGISTERED BY KOPPA POLICE STATION, CHIKKAMAGALURU FOR THE OFFENCE P/U/S 324,504,506 AND 353 R/W 149 OF IPC AND SECTION 3 AND 4 OF KARNATAKA PROHIBITION OF VIOLENCE AGAINST MEDICARE SERVICE PERSONNEL AND DAMAGE TO PROPERTY IN MEDICARE SERVICE INSTITUTIONS ACT, 2009 ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING;
ORDER The present petition has been filed by the petitioners/ accused Nos.1, 3 to 6 under Section 438 of Cr.P.C, to release them on anticipatory bail in Cr.No.141/2018 of Koppa Police Station for the offences punishable under Sections. 324, 504, 506, 353 r/w 149 of IPC and Section 3 and 4 of Karnataka Prohibition of Violence against Medicare Service Institution Act, 2009.
2. The gist of the complaint is that on 25/12/2018 at about 12.00 o’ clock in the mid night, one Asiff s/o Abdul Khader was brought for treatment to Government Hospital, Koppa, by his relatives. At that time, one Dr.Neelakantappa, Medical officer of the said hospital was in his house. As the nurse working in the hospital telephoned to the said doctor, he immediately rushed to the hospital. When he came to the hospital, accused started abusing him. Still he patiently gave treatment to the patient. Relatives of the patient were also abusing him in filthy language and obstructed him to give treatment. After providing necessary treatment, when he came to the courtyard of the hospital, accused persons again abused him with filthy language and threatened him with dire consequences. It is further alleged that accused Nos.1 and 2 assaulted him and also driver of the ambulance with helmet and caused hurt. They snatched mobile phone. In the meanwhile staff of the hospital came and rescued him. Thereafter, he took permission of his superiors and lodged a complaint on 26/12/2018.
3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for respondent-State.
4. It is the submission of the learned counsel for the petitioners that when the complaint was filed, names of the petitioners/accused were not shown and subsequently, their names has been inculcated in the FIR and complaint. It is further submitted that a false case has been registered against the petitioners only with an intention to harass their family members. He further submitted that the doctor has consumed alcohol and gave wrong medication. When they questioned, he filed a false case against the petitioners/accused persons. He submitted that the offence alleged is not punishable with death or imprisonment for life; petitioners are ready to abide by the conditions to be imposed by the Court and to offer sureties. Hence, he prayed to allow the petition.
5. Per contra, learned HCGP appearing for the respondent-State submitted that the petitioners/accused persons have obstructed the Medical officer to discharge his duties. He further submitted that since from the date of registration of the case, they are absconding and they are influential persons. He further submitted that if they are released on bail, they may threaten and tamper the prosecution witnesses. Hence, he prayed to dismiss the petition.
6. I have carefully and cautiously examined the contents of the complaint and the submissions made by the learned counsel for the parties.
7. Whether the alleged incident has taken place or not, is a matter to be adjudicated only during the trial. The alleged offences are not punishable with death or imprisonment for life. In the circumstances, I feel that by imposing stringent conditions, if the petitioners/accused were released on bail, it will meet the ends of justice.
8. In that light, the petition is allowed.
Petitioners/accused are ordered to be released on anticipatory bail in the event of their arrest in Cr.No.141/2018 of Koppa Police Station, for the offences punishable under 324, 504, 506, 353 r/w 149 of IPC and Section 3 and 4 of Karnataka Prohibition of Violence Against Medicare Service Institution Act, 2009, subject to the following conditions;
i) Each of the petitioners shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) Petitioners shall surrender before the Investigating Agency within 15 days from today.
iii) Petitioners shall mark their attendance once in a month i.e. on every 1st between 10.00 a.m. to 5.00 p.m., before the concerned police station till the charge sheet is filed.
iv) Petitioners shall not tamper with the prosecution evidence in any manner directly or indirectly.
v) Petitioners shall not leave the jurisdiction of the Court without prior permission.
vi) Petitioners shall co-operate with the investigation officer for interrogation.
Msu Sd/-
JUDGE