IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No.1642/2019 BETWEEN:
1. Sri.Sampath, S/o.Late Muniyappa, Aged about 61 years.
2. Sri.Naveen Kumar, S/o.Sampath, Aged about 32 years.
3. Sri.Anilkumar, S/o.Sampath, Aged about 30 years, Petitioners 1 to 3 are R/at Near Muneshwar Temple, Near Panchayath Office, Bagalur Village, Jala Hobli, Bangalore North Taluk, Bangalore Urban District, Pin-562 149. ... Petitioners (By Sri. Narayana Reddy.M, Advocate) AND:
State of Karnataka, By its Bagaluru Police Station, Bengaluru, Bangalore North Taluk, Rep. by State Public Prosecutor, High Court Building, Bengaluru-560 001. ... Respondent (By Sri.K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Code of Criminal Procedure praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.245/2017 of Bagalur Police Station, Bengaluru City for the offences punishable under Sections 143, 341, 323, 324, 504, 506, 363, 385, 307 read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER The petitioners are seeking to be enlarged on anticipatory bail in the event of their arrest in connection with the proceedings in Crime No.245/2017 for the offences punishable under Sections 143, 341, 323, 324, 504, 506, 363, 385, 307 read with Section 34 of Indian Penal Code.
2. The case of the prosecution is that the injured had given the complaint stating that on 20.12.2017 while he was standing near a garrage along with his friends, the petitioners and others came to the spot and assaulted the complainant on his hands, legs with stones and clubs after questioning as to why Roopa was along with him.
3. It is stated that the petitioners had brought the complainant in a car and subsequently, tied his legs with rope to the bike and then dragged the complainant, resulting in injuries on his body. Based on the said statement, complaint was lodged, FIR was registered and the charge sheet has been filed.
4. Learned counsel for the petitioners contends that there are inconsistencies in the version as made out in the complaint insofar as, though it is alleged that accused Nos.6 and 7 have assaulted the injured with clubs on his head, the wound certificate does not reflect any such injuries on head. It is further stated that the injuries except injury No.3 are simple in nature and that the complainant has been discharged on 27.12.2011. It is further submitted that a false complaint has been lodged in light of the accused having taken Roopa, who is the daughter of the complainant with him.
5. It is accordingly stated that proof of offence is a matter for trial and the petitioners are entitled to be enlarged on bail and they would co-operate in the investigation and for that purpose are ready to be subjected to appropriate conditions as this Court may impose.
6. Learned HCGP opposes grant of anticipatory bail and contends that looking into the ghastly nature of the offence, the petitioners are not entitled to be enlarged on bail.
7. However, noticing that the investigation is complete and the charge sheet has been filed and also noticing that the first petitioner is senior citizen and the question of proof of offence being a matter for trial, that except injury No.3, the others are simple in nature, the facts would not warrant custodial interrogation. Accordingly, the petitioners are entitled to be enlarged on bail.
In the result, the bail petition filed by the petitioners under Section 438 of Cr.P.C. is allowed and the petitioners are enlarged on bail in the event of their arrest in Crime No.245/2017 for the offences punishable under Sections 143, 341, 323, 324, 504, 506, 363, 385, 307 read with Section 34 of Indian Penal Code, subject to the following conditions:-
(i) The petitioners shall appear in person before the Investigating Officer in connection with Crime No.245/2017 within 15 days from the date of release of the order and each shall execute a personal bond for a sum of `1,00,000/-
(Rupees One Lakh only) with a surety for the likesum before the concerned court.
(ii) The petitioners shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioners shall co-operate with further investigation by appearing before the Investigating Officer as and when they are called upon.
(iv) In the event of change of address, the petitioners to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioners, 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.
SJK Sd/- JUDGE