IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY 2019 BEFORE THE HON'BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8775 OF 2018 BETWEEN:
1. Sri Vasantha S/o Muniyappa Major, Occ: Agriculturist.
2. Sri Ramanjinappa S/o Narayanappa Major, Occ: Coolie by Avocation.
3. Sri Ramanjini S/o Munirangappa, Major Occ: Coolie by Avocation.
4. Sri Raghu S/o Rajappa Major, Occ: Coolie by Avocation.
Petitioner No.1 and 4 are Residents of Channahalli Village Channarayapatna Hobli Devanahalli Taluk Bangalore Rural District-562 110. …Petitioners (By Sri. Byregowda N, Advocate For Sri Sreedhara B.E., Advocate) AND:
The State of Karnataka Represented 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 Cr.No.105/2018 of Chennarayapatana Police Station, Bangalore for the offences P/U/S 323, 448, 354 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 The petitioners are accused Nos.1 to 4 in Crime No.105/2018 of Chennarayapatana Police Station, Devanahalli Taluk. The said case is registered against the petitioners for offences punishable under Sections 323, 448, 354 and 506 read with Section 34 of IPC on the basis of the complaint of one Ramakka.
2. It is alleged that due to ill will relating to property dispute on 27.10.2018 at 12.35 p.m. when the complainant was washing utensils in front of her house, the accused assaulted her. It is further alleged that accused No.1 pulled her by her hair and accused No.2 twisted her right hand and another accused tried to disrobe her.
3. As per the complaint itself, there were civil disputes between the parties. The petitioners’ party has filed O.S.No.344/2018 on the file of the Civil Judge and JMFC, Devanahalli and an interim injunction was granted against the complaint’s party.
4. The injuries suffered by the victim are simple in nature. The offences alleged do not carry punishment of death or life imprisonment. Under the circumstances, this is a fit case to grant anticipatory bail with suitable conditions.
5. Therefore, the petition is allowed. Petitioners are granted anticipatory bail in Crime No.105/2018 of Chennarayapatana Police Station, Devanahalli Taluk, subject to following conditions:
i) They shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order;
ii) They shall execute personal bonds in a sum of Rs.50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Court for their appearance.
iii) They shall appear before Investigating Officer/Magistrate/Court as and when required for the purpose of investigation/trial;
iv) They shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE *alb/-