IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.4802/2019 BETWEEN:
Sri.Rafeeq Ahamed, S/o Khadar Sab @ Abdul Khadar, Age about 39 years, Occupation Auto Driver, R/at Bhartvidi, Sringeri, Chickmangalore – 577139.
(By Sri.Mohammed Jahir, Advocate) AND:
State by Sringeri Police Represented by State Public Prosecutor, High Court Complex Building, Bengaluru – 560001.
(By Sri.S.Rachaiah, HCGP) ... Petitioner ... Respondent This Criminal Petition is filed under Section 438 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.57/2019 registered by Sringeri Police Station, Chikkamagaluru for the offences punishable under Sections 354-B, 447 and 448 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioner has filed the petition seeking to be enlarged on bail in the event of his arrest with respect to the proceedings in Crime No.57/2019 registered for the offences punishable under Sections 354B, 447 and 448 of IPC.
2. The case of the prosecution is that the informant has filed a written complaint to Sringeri Police alleging that the accused was teasing her and at about 5.00 p.m., on 17.06.2019 the petitioner had come in his Autorickshaw to her house, held her hands and misbehaved inappropriately. It is further stated that he has pulled her, immediately the informant went outside and raised an alarm and it is only at that point of time petitioner fled from the spot. FIR has been registered and investigation is in progress.
3. Learned counsel for the petitioner contends that the petitioner is a member of the Pattana Panchayat and was elected in the elections held in the last week of July 2019 and the present complaint was filed due to political rivalry. He has further contended that the offence under Section 354B of IPC is not made out, as the complaint prima-facie does not contain the necessary ingredients as to attract Section 354B of IPC and has submitted that the other offences sought to be made out are non-bailable.
4. Learned High Court Government Pleader contends that the petitioner has criminal antecedents and has been involved in other cases and several complaints have been filed by Sringeri Police. Hence, it is contended that the petitioner ought not to be released on anticipatory bail.
5. There is some force in the submission of the counsel for the petitioner that the complaint prima-facie shows that the allegation regarding the ingredients under Section 354B of IPC is not satisfied. However, it would not be appropriate at this stage to record any finding on the merits of the case.
6. Taking note of the fact that other offences are bailable (except 354B), petitioner is entitled to be enlarged on anticipatory bail with necessary conditions.
7. Accordingly, the bail petition filed by the petitioner under Sec. 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.57/2019 for the offences punishable under Sections 354B, 447, and 448 of IPC, subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.57/2019 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his attendance before the concerned Station House Officer once in week between 10.00 a.m. and 5.00 p.m., till filing of the final report.
(iv) The petitioner shall fully co-operate with the Investigating Officer and shall not indulge in any criminal activities of like nature.
(v) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(vi) Any violation of the aforementioned conditions by the petitioner, shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
In light of the disposal of petition, no further order is called as regards I.A.No.1/2019 and same is disposed as requiring no further orders.
Sd/- JUDGE GJM