IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.1439 OF 2019 BETWEEN:
SRI RAJAPPA S/O HANUMANTHA BHOVI AGED ABOUT 38 YEARS R/AT DINDAVARA BHOVI COLONY HIRIYUR TALUK – 572143 CHITRADURGA DISTRICT. ... PETITIONER (BY SRI V. B. SIDDARAMAIAH, ADVOCATE) AND:
THE STATE BY HIRIYUR RURAL POLICE HIRIYUR TALUK – 572 143 DAVANAGERE DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING BANGALORE – 560 001. ... RESPONDENT (BY SRI HONNAPPA – HCGP FOR RESPONDENT) THIS CRL.P IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR. NO. 327/2018 OF HIRIYUR RURAL P.S. CHITRADURGA DISTRICT FOR THE OFFENCE P/U/S 323, 504, 506, 307 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard. Perused the records.
2. It is seen from the records and the orders passed by the Principal District & Sessions Judge, Chitradurga in Crl.Misc.No.18/2019 that earlier, a case was registered against the petitioner under Sections 323, 504, 506 and 307 of IPC in Crime No.327/2018. The petitioner in fact was released on bail in Crl.Misc.No.888/2018 vide order dated 29.09.2018 and the accused has not violated any of the terms and conditions imposed while granting bail to the petitioner.
3. However, subsequently after lapse of two months, the injured died. Therefore, police have converted the offence under Section 302 IPC. Apprehending arrest, the petitioner as a precaution, filed an application for grant of anticipatory bail. The same came to be rejected by the Sessions Court. Hence, the petitioner is before this court.
4. Once bail is granted for the alleged offences, merely because the injured subsequently died, it will not make any change in circumstances because, considering the gravity of the offences at that particular point of time, the court has enlarged the petitioner on bail with conditions. When conditions have not been violated, the petitioner is entitled to be enlarged on bail because now he apprehends arrest at the hands of the respondent – police. Under the above circumstances, the following order is passed:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.327/2018 of Hiriyur Rural 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 he shall execute a personal bond for a sum of Rs.1,00,000/- with one 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 Chitradurga District without prior permission of the Court, till the charge-sheet is filed or for a period of three months whichever is earlier.
Sd/- JUDGE KS