IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.1124 OF 2019 BETWEEN:
SRI. SHARU S/O. MOHAMMED SALEHA AGED ABOUT 27 YEARS R/AT AMBEDKAR NAGARA HASSAN-01. ...PETITIONER (BY SRI. PRATHEEP K.C., ADVOCATE) AND:
THE STATE OF KARNATAKA REP. BY PENSION MOHALLA POLICE HASSAN DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01. ... RESPONDENT (BY SRI. M. DIVAKAR MADDUR, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CRIME NO.120/2016 REGISTERED BY PENSION MOHALLA POLICE STATION, HASSAN FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 504, 323, 307 AND 506 READ WITH SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition has been filed by the petitioner/accused No.2 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.120/2016 of Pension Mohalla Police Station for the offences punishable under Sections 341, 504, 323, 307 and 506 read with Section 34 of IPC 2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for respondent-State.
3. Gist of the complaint is that on 23.08.2016, when the complainant was coming back to home in his motorbike bearing No.KA-09-7705, near slum board circle three persons came in a bike bearing No.KA-13-Q-
1313 and started quarreling with him and one person slapped him and another person attempted to ride the bullet bike upon him and also assaulted him with hands. Due to intervention of one Vishwanath, the complainant somehow escaped from that spot. On the basis of the complaint, a case came to be registered.
4. It is the submission of the learned counsel for petitioner that already the charge sheet has been filed and the petitioner/accused No.2 is not involved in the said case. The injuries which is said to have been suffered is only slap injuries and the injured is out of danger. It is further submitted that the alleged offences are not punishable with death or imprisonment for life. He is ready to abide by the conditions imposed on him by this Court and ready to offer surety. Further it is submitted that already accused No.1 has been released on bail. On the ground of parity, the petitioner/accused No.2 is also entitled to be released on bail. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.2 on anticipatory bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.2 is absconding since from the date of registration of the case and he is not available for the purpose of investigation or interrogation. If he is enlarged on bail again, he may abscond and may not be available for the purpose of investigation or interrogation. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. It is alleged that when the complainant was coming on his motorbike, it is accused No.1 and two others have restrained him and accused No.1 has slapped him. Thereafter, another person tried to proceed his motorbike on the complainant and tried to kill him. Apart from that no other allegations have been made. Even no injuries have been suffered by the complainant and he is out of danger. Under the said facts and circumstance that too, under the similar facts and circumstance when accused No.1 has already been released on bail, I feel that by imposing some stringent conditions, if the petitioner/accused No.2 is released on bail, it is going to meet the ends of justice.
8. In the light of discussions held by me above, petition is allowed and the petitioner/accused No.2 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.120/2016 of Pension Mohalla Police Station for the offences punishable under Sections 341, 504, 323, 307 and 506 read with Section 34 of IPC subject to the following conditions:
1. Petitioner/accused No.2 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigating Officer within 15 days from today.
3. He shall co-operate with the Investigating Officer for the purpose of investigation.
4. He shall not tamper with the prosecution evidence either directly or indirectly.
5. He shall not leave the jurisdiction of the Court without prior permission 6. He shall mark his attendance once in a month, i.e., 1st of every month between 10.00 a.m., and 5.00 p.m., before the jurisdictional police station, till the charge sheet is filed.
VBS Sd/- JUDGE