IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9656/2018 BETWEEN:
1. Sri.Umesh, S/o. Kariyanna, Aged about 32 years, 2. Sri.Eranna, S/o. Thimmanna @ Thimmaraya, Aged about 22 years, 3. Sri.Nagaraja, S/o. Ramanna, Aged about 25 years, All R/at Khandenahalli Village, Hiriyur Taluk, Chitradurga District, Pin No.577 547. ...Petitioners (By Sri.K.Murthy, Advocate) AND:
State of Karnataka, By its Abbinahole Police Station, By Special Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ...Respondent (By Sri. K.P.Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in Crime No.93/2018 (C.C.No.1021/2018) of Abbinahole Police Station, Chitradurga for the offence punishable under Sections 143, 147, 148, 353, 427, 504, 506, 149 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 petitioners/accused Nos.7, 8 and 9 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.93/2018 of Abbinahole Police Station for the offences punishable under Sections 143, 147, 148, 353, 427, 504 and 506 read with Section 149 of IPC ( in CC No.1021/2018 on the file of Additional Junior Civil Judge and JMFC, Hiriyur).
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for the respondent-State.
3. Gist of the complaint is that on 30.03.2018, one Praveen Kumar, the Police Constable has lodged a complaint alleging that he was deputed for Bhandobasth duty at Khanajanahalli Village and when he was there in the said village as per his higher officer instruction to do the Bhandobasth duty wherein, the villagers assaulted the police persons and damaged the car and dispersed from the place. It is further alleged that by the time some persons saw the car bearing Registration No.KA-16-N-2197 and that near the car they themselves were talking that the inmates of the car supporting the police persons and started to abuse them in filthy language and caused damage to the car glass with the stones and cause some injuries and also abused the police in filthy language. On the basis of the complaint, a case was registered against the accused persons.
4. It is the submission of the learned counsel for petitioners that within a span of 1 ½ Hours, three similar type of cases have been registered against 30 persons. In the remaining cases, all the accused persons have already been released on bail. It is further submitted that there is no specific overt-acts attributed against accused Nos.7, 8 and 9. Further it is submitted that at the time of incident, the accused persons were not present at the place of incident and they were working at Bengaluru in private firm. It is further submitted that the alleged offences are not punishable with death or imprisonment for life and submits that they are ready to abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.7, 8 and 9 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the accused persons have caused damage to the car bearing Registration No.KA-16-N-2197 and they have also obstructed the police officials while discharging their duties and also abused with filthy language and thereby they have committed alleged offences under Sections 143, 147, 148, 353, 427, 504 and 506 read with Section 149 of IPC.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
7. As could be seen from the records, within 1 ½ hour, three similar type of cases have been registered and it is submitted by the learned counsel for petitioners that in the remaining cases, already the accused have been released on bail.
8. Keeping in view the said facts and circumstance, I feel that by imposing some stringent conditions, if the petitioners/accused Nos.7, 8 and 9 are enlarged on bail, it is going to meet the ends of justice.
9. In that light, petition is allowed and the petitioners/accused Nos.7, 8 and 9 are enlarged on anticipatory bail in the event of their arrest in Crime No.93/2018 of Abbinahole Police Station for the offences punishable under Sections 143, 147, 148, 353, 427, 504 and 506 read with Section 149 of IPC ( in CC No.1021/2018 on the file of Additional Junior Civil Judge and JMFC, Hiriyur) subject to the following conditions:
1. In the event of their arrest, the Investigating Agency is directed to enlarge them on bail on they being executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with two sureties each for the likesum to the satisfaction of the Investigating Agency.
2. They should surrender before the Investigation Agency within 15 days from today.
3. They shall not tamper with the prosecution evidence either directly or indirectly.
4. They shall not leave the jurisdiction of the Court without prior permission 5. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the concerned police station for a period of six months.
Sd/- JUDGE VBS