IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7249/2019 BETWEEN 1. SRI. SURESH S/O. NAGARAJA AGED ABOUT 24 YEARS NEERAGANTY WORK R/O. TASKENT NAGARA MARUTHI NAGAR BHADRAVATHI TALUK-577 301 2. SRI. CHETHAN S/O. GOVINDAPPA AGED 26 YEARS, COOLIE R/O. TASKENT NAGARA MARUTHI NAGAR POST BHADRAVATHI TALUK-577 301 ... PETITIONERS (BY SRI. VENKATESHA T S, ADVOCATE) AND THE STATE OF KARNATAKA BY THE SUB – INSPECTOR OF POLICE, HOSAMANE POLICE STATION BHADRAVATHI REP. BY SPP, HIGH COURT BUILDING BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B J, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.113/2019 REGISTERED BY HOSAMANE POLICE STATION, SHIVAMOGGA FOR THE OFFENCE P/U/Ss. 143, 144, 147, 333, 353 AND 504 R/W 149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioners are arraigned as Accused Nos.
6 & 7 in Crime No. 113/2019 of Hosamane Police Station, Shivamogga District, registered against them for the offence punishable under Sections 353, 333, 143, 144, 147, 504 r/w. 149 of IPC on the file of Respondent- Police, now pending before the Court of Addl. Civil Judge (Jr.Dn.) and JMFC-III, Bhadravathi, Shivamogga District.
3. The allegations in brief are that, on 07.09.2019, the complainant was designated to Bhandubast Duty of Ganesh Idol Procession and Immersion and accordingly, on the said day, he along with other three home guards reported for the duty at 2.00 p.m. In the midnight of 08.09.2019 at around 12.20 a.m., he instructed the concerned people of Ganesha Procession to stop the mike-set, as it was already midnight, in order to maintain peace in the locality. In this context, one Madhusudhan @ Solle has abused the complainant in filthy language and assaulted him with a stone on his head and caused severe injuries and thereafter, other 7 to 8 persons have also dragged him from one place to another and torn his Police Uniform. Immediately, the home-guards who were present there on duty, took the complainant to the Government Hospital at Bhadravathi for treatment. At about 1.15 a.m. the complainant gave his statement. Initially the complaint was only against one Madusudana, but later, apart from him, nearly 8 accused were added. On these allegations the respondent-police have registered a case against the petitioners (A6 & A7) and others on 09.09.2019. On the basis of further statement of the complainant that, apart from Accused No.1- Madhusudhan other 7 to 8 persons were also involved in the alleged crime, the petitioners (A6 & A7) were also secured to the police station and they were identified by the complainant as the assailants, who assaulted him, and as such, they were arraigned as accused in the aforesaid crime.
4. Looking to the above said facts and circumstances of the case, the petitioners (A6 & A7) were already identified by the complainant and the allegations made against them are omnibus in nature. Therefore, they have to be tested during the course of the evidence. Apart from that, it is submitted that, some other accused persons viz., A5, A8 and A9, who stand on the same footing as that of these petitioners have already been released on bail. Therefore, the petitioners (A6 & A7) are also entitled to be enlarged on bail with certain conditions. Hence, the following, -
ORDER The Petition is allowed. Consequently, the petitioners (A6 & A7) shall be released on bail in connection with Crime No.113/2019 of Hosamane Police Station, Shivamogga District, registered against him for the aforesaid offences now pending before the Court of Addl. Civil Judge (Jr.Dn.) and JMFC-III, Bhadravathi, Shivamogga District, subject to the following conditions:
(i) Each of the petitioners shall execute their respective personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioners shall not tamper the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against them is disposed of.
(v) The petitioners shall mark their respective attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
Sd/-
JUDGE KGR*