IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.5438 OF 2017 Between:
Sri. Somashekhar S/o Venkataswamappa, Aged about 36 years, R/at Hosahalli Village, Thalaghattapura, Uttarahalli Hobli, Bengaluru South Taluk, Bengaluru – 560 109 (By Sri. K. Suresh Desai, Advocate) And:
The State of Karnataka, Rep. by Thalaghattapura Police Station, Thalaghattapura, Bengaluru South, Bengaluru – 560 109 ... Petitioner ... Respondent (By Sri. Chetan Desai, HCGP) This 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.165/2017 of Thalaghattapura Police Station, Bengaluru for the offence punishable under Section 436 of IPC.
This petition coming on for Orders, this day, the court made the following:
ORDER This petition is filed by the petitioner/accused under Section 438 of Cr.P.C, seeking anticipatory bail and to direct the respondent-police to release him on bail in the event of his arrest for the offence punishable under Section 436 of IPC registered in respondent police station in Crime No.165/2017.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused, so also the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the grounds urged in the bail petition, FIR, complaint and other materials produced in the case.
4. As per the complaint averments, it is stated by the complainant that in front of their house in the open site, they had put up a shed which was given to the petitioner herein on a rental basis. Though they had informed the present petitioner to vacate the said shed, he has not vacated the same and on earlier occasion also, he had picked up quarrel and assaulted the brother of the complainant and in that connection, complaint has been filed and case has been registered against the present petitioner.
5. Further allegation goes to show that petitioner set fire to the said shed and as the house of the complainant is very nearer to the said shed, the walls of the said house had got cracks and some items in the house were also burnt. The firemen came and extinguished the fire.
6. During the course of the hearing of the petition, learned High Court Government Pleader submitted that the petitioner is having criminal antecedents and in the same police station he is having eight other criminal cases. He is a rowdy sheeter.
7. Hence, perusing the materials placed on record, I am of the opinion that it is not a case for granting anticipatory bail.
Accordingly, petition is hereby rejected.
Sd/- JUDGE Mds