IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION No.9543 of 2018 BETWEEN:
1. SRI RAMAMURTHY, S/O. SRI RANGAWAMY, AGED ABOUT 29 YEARS, RESIDING AT No.255, DODDABETTAHALLI LAYOUT, BENGALURU – 560 062.
2. SRI SANDEEP H.G., S/O. SRI GANGADHARAIAH, AGED ABOUT 31 YEARS, RESIDING AT No.1057, HALU RANGAPPA ROAD,HOSA BEEDI, NEAR OLD POST OFFICE, YELAHANKA, BENGALURU – 560 064.
(BY SRI V.R. BALARAJ, ADVOCATE) AND:
STATE OF KARNATAKA, BY S.H.O. OF YELAHANKA NEW TOWN POLICE STATION, YALAHANKA, BENGALURU. REPRESENTED BY THE LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE – 560 001.
... PETITIONERS ... RESPONDENT (BY SRI K.P. YOGANNA, 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 CR.No.277 of 2018 OF YELAHANKA NEW TOWN POLICE STATION, BANGALORE FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 341, 323, 506, 448 READ WITH 34 OF IPC AND SECTION 4 OF KARNATAKA PROHIBITION OF VIOLENCE AGAINST MEDICARE SERVICE PERSONNEL AND DAMAGE TO PROPERTY IN MEDICARE SERVICE INSTITUTIONS ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard learned counsel for the petitioners and learned High Court Government Pleader appearing for the respondent-State. Perused the records.
2. A crime is registered against the petitioners and other accused in Crime No.277/2018 for the offences punishable under Sections 341, 323, 506, 448 read with 34 of IPC and Section 4 of Karnataka Prohibition of Violence against Medicare Service Personnel and Damage to Property in Medicare Service Institutions Act.
3. The allegations are that on 17.11.2018, when the complainant, who is a doctor, while shifting the patient in an ambulance, four to five persons were standing across the said ambulance by stopping their car. On a request by the complainant, those four persons started quarreling with the complainant and abused him and threatened him with dire consequences and assaulted him with their hands. On those allegations, the Police have investigated the matter.
4. It is submitted by learned counsel for the petitioners that accused Nos.1 and 4 have already been released on bail by the trial Court itself. Considering the nature of allegations and the facts of the case, in my opinion, the petitioners herein are entitled to be enlarged on bail by imposing stringent conditions. Hence, 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.277/2018 of Yelahanka New Town Police Station, 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 each of them shall execute their respective personal bonds for a sum of Rs.50,000/- with one surety 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 co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in a week ie, on every 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 mv