IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7661 OF 2019 BETWEEN:
SRI. SRIRAMA K.H. @ SRINIVASA S/O. HANUMANTHAPPA AGED ABOUT 39 YEARS R/AT KOTHAKOTE, PARAGODU BAGEPALLI TALUK-572127 CHIKKABALLAPUR DISTRICT (BY SRI. A.RAMACHANDRA, ADVOCATE) AND:
THE STATE OF KARNATAKA BY BAGEPALLI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560001 (BY SRI. HONNAPPA, HCGP) ..PETITIONER ..RESPONDENT ******* THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.309/2019 OF BAGEPALLI POLICE STATION, CHICKBALLAPURA FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 323, 332, 341, 353, 504, 506 READ WITH 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State. Perused the records.
2. The petitioner is arraigned as accused No.7 in Crime No.309/2019 of Bagepalli Police Station, Chickballapur for the offence punishable under sections 143, 147, 323, 332, 341, 353, 504, 506 read with 149 of IPC.
3. The complainant by name Ramachandra was working as A.S.I., Bagepalli Police Station. He lodged a complaint that on 29.09.2019 at about 1.30 p.m., while he was on duty in SBM Circle, DVG Road, Bagepalli Taluk, registering motor vehicle cases, at that time, a vehicle bearing registration No.KA.50.N.3317 driven by its driver by name Nagaraj came to that spot and the driver was not wearing the seat belt. On the basis of the said ground, the complainant stopped the vehicle and demanded Rs.500/- towards fine amount. As the driver paid only Rs.200/-, the complainant demanded him to pay Rs.500/- in view of enhancement of fine and he also told that he would give receipt for the fine amount. In this context, one Munireddy who was in the car and driver of the car abused him, dragged him one place to another. By that time, lot of people gathered at the spot including the petitioner herein. They also supported the aforementioned persons and abused the complainant and threatened him not to register any case against the inmates of the car.
4. There is no specific overt act alleged against the petitioner herein except stating that he threatened the complainant not to register any case.
5. Looking to the above facts and circumstances, as there is no specific allegation made against the petitioner herein, whether the offence under section 353 of Indian Penal Code is attracted against the petitioner herein or not has to be decided during the course of full dressed trial. The other offences are bailable in nature. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioner (A7) shall be released on bail in the event of his arrest in connection with Crime No.309/2019 of Bagepalli Police Station, Chickballapur for the alleged offences, pending on the file of the Court of Prl. Civil Judge (Jr. Dn.) & JMFC, Bagepalli, Chickballapur District, subject to the following conditions:
i) The petitioner (A7) shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute his personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner (A7) shall not indulge in hampering the investigation or tampering with the prosecution witnesses.
iii) The petitioner (A7) shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner (A7) shall not leave the jurisdiction of Bagepalli Police Station, Chickballapur District without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner (A7) shall mark his attendance once in a week i.e., 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 Bss.