IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7422 OF 2019 BETWEEN :
1. SRI. NIKHIL GOWDA @ NIKHIL, S/O. RANGASWAMY, AGED ABOUT 23 YEARS, 2. SMT. NAVEENA, W/O. RANGASWAMY, AGED ABOUT 32 YEARS, BOTH ARE R/A. NO.57, 6TH B CROSS, MADDURAMMA LAYOUT, SUNKADAKATTE, BENGALURU-560 091.
(BY SRI: PRAKASHA K.V., ADV.,) AND :
STATE OF KARNATAKA, BY KAMAKSHIPALYA POLICE BANGALORE, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
... PETITIONERS ... RESPONDENT (BY SRI: ROHITH B,J., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.154/2019 OF KAMAKSHIPALYA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 353,342 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the respondent - State. Perused the records.
2. The petitioners are arraigned as Accused Nos.1 and 2 in Crime No.154/2019 of Kamakshipalya Police Station for the offence punishable under Sections 342, 353 of IPC, which later culminated in filing of the charge sheet.
3. The brief facts of the case are that the complainant one Mr. Mohan, H.C.No.8537 of Kamakshipalya Police Station on 24.04.2019, had been to the house of the petitioners on the ground that a warrant has been issued against him in connection with a check bounce criminal case. The petitioner refused to go along with the said person. The said police Head Constable caught hold the hand of the petitioner. In that eventuality, the petitioner called his wife and children and thereafter all of them have confined the complainant in their house and went away from the spot. The complainant called his colleague by name Mahadevaiah. Sri. Mahadevaiah along with others came and released the complainant from the said house.
4. It appears that there is no damage caused, no physical assault of any such manner has been alleged. The offences are not seriously punishable and further added to that, charge sheet has already been filed and the matter between the complainant and the petitioner in a check bounce case have already been compromised.
5. In the above said facts and circumstances, though the allegations are serious that they have confined police official but in my opinion, considering the entire surrounding circumstances, the petitioners have to be released on bail in the event of their arrest. Hence, I pass the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.154/2019 of Kamakshipalya Police Station for the offence punishable under Sections 342, 353 of IPC, subject to the following conditions:-
i) The petitioners shall surrender themselves 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 surety each for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall appear before the trial court on all future hearing dates unless exemptions by the court on genuine reasons.
iv) The petitioners shall not leave the jurisdictional court without prior permission till the case registered against them is closed.
v) The petitioners shall mark their attendance once in fifteen days on any 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 Snc