IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1468/2019 BETWEEN:
Sri Rajesh S/o. Karibasavaiah Aged about 38 years R/at Beekalli Village Shanivarasanthe Somwarpete Taluk Kodagu District – 572 101. ...Petitioner (By Sri D.N. Dhruva Kumara, Advocate) AND:
State of Karnataka by Shanivara Sante Police Rep by SPP High Court Bengaluru – 560 001. … Respondent (By Sri M.Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.12/2019 of Shanivarasante Police Station, Kodagu District for the offences punishable under Sections 353, 506 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.12/2019 of Shanivarasanthe Police Station for the offences punishable under Sections 353 and 506 of IPC.
2. I have heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State.
3. The gist of the complaint is that on 21.01.2019 at about 8.30 a.m., the complainant was deputed by the CHESCOM to disconnect the defaulter’s IP electric connections. At about 1.45 p.m., the complainant went to the premises of the accused, he obstructed him to disconnect the electricity. The accused obstructed him while discharging his official duty and assaulted him. Immediately, the complainant went to the Health Center and thereafter, he has filed a complaint. On the basis of the same, a case has been registered.
4. It is the contention of the learned counsel for the petitioner that petitioner/accused is innocent and he has not committed any offence and a false case has been registered against him. The alleged offences are not punishable with death or imprisonment for life. He further submitted that the injured has not taken any treatment and a false case has been registered. He further submitted that the CHESCOM authorities have given exemption to the petitioner to pay the electricity charges for IP Set since the same is utilized for agricultural purposes. He further submitted that he is ready to abide by any conditions imposed by this Court and also ready to offer surety. On these grounds, he prays to allow the petition and grant anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that petitioner/accused has obstructed complainant from discharging his official duty and thereafter he has also abused him and thereby he has committed a serious offence. He further submitted that petitioner/accused is absconding and not available for investigation or interrogation. He further submitted that if the petitioner/accused is enlarged on bail, he may abscond and he may not be available for trial. On these grounds, he prays to dismiss the petition.
6. I have carefully and cautiously gone through the submission made by the learned counsel for the parties and perused the records.
7. It is the gist of the complaint that when the complainant went to the premises of the accused and was intending to disconnect the electricity in respect of SSIP 68164, the petitioner/accused did not permit him, pulled him and obstructed while discharging his official duty and abused him and also assaulted him is the matter which has to be considered and appreciated only at the time of the trial. The alleged offences are not punishable with death or imprisonment for life. Under such circumstance, I am of the opinion that, by imposing some stringent conditions, if petitioner/accused is enlarged on bail, it is going to meet the ends of justice.
8. In that light, petition is allowed and the petitioner/accused is enlarged on anticipatory bail in Crime No.12/2019 of Shanivarasanthe Police Station for the offences punishable under Sections 353 and 506 of IPC subject to the following conditions:
1. In the event of his arrest, the Investigating Agency is directed to enlarge him on bail on he executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakh Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. He shall not tamper with the prosecution evidence directly or indirectly.
3. He shall not leave the jurisdiction of the Court without prior permission.
4. He shall mark his attendance once in 15 days between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station till trial is concluded.
5. He is directed to surrender before the Investigating Officer within 15 days from today.
Sd/- JUDGE nms