IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MAY 2019 BEFORE THE HON'BLE Dr. JUSTICE H.B.PRABHAKARA SASTRY CRIMINAL PETITION No.3220 OF 2019 BETWEEN:
Sri. Venkatesh S/o. Narasappa, Aged 43 years, R/o. Nyasatimmanahalli Village, Mandikal Hobli, Chikkaballapur Taluk-562 101. …Petitioner (By Sri. K.V.Narasimhan, Advocate) AND:
State By SHO, Chikkaballapura Rural Police Station, Chikkaballapura, Chikkaballapura District – 562 101, Represented by State Public Prosecutor, High Court Building, Bengaluru-560 001. …Respondent (By Sri. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Cr.No.217/2018 of Chikkaballapura Rural P.S. Chikkaballapura District for the offences punishable under Sections 323, 324, 354, R/w 34 of IPC and Sections 7 & 12 of POCSO Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER Learned High Court Government Pleader who has taken notice for the respondent-State has submitted his oral objections.
2. Perused the materials placed before this Court.
3. Heard the learned counsel from both side.
4. The complainant-police at the instance of the complainant – Kum.Sindu, has registered a crime against the present petitioner and accused No.2 for the offences punishable under Sections 323, 324, 354 read with Section 34 of Indian Penal Code, 1860 (hereinafter for brevity referred to as `IPC’).
5. The summary of the allegations made in the complaint is that on 10.8.2018, in the morning at about 11.00 a.m., while the complainant, who is said to be aged about eighteen years, was said to be brooming in the compound premises of the house, the opposite house resident – Venkatesh, who is the present petitioner herein, and his wife, all of a sudden approached her and started assaulting her. The complainant also stated that the present petitioner, apart from assaulting her, also torn her clothes. When she questioned his act, she was further beaten by him. However, at the intervention of other people, she was rescued. The complainant has also stated that after the incident, she joined by her mother went to District Hospital in a bus and has taken treatment.
6. The respondent-police have served a police notice to the complainant, in response to which, the complainant is present before the Court.
7. By a reading of the complaint in its entirety and even after taking the complaint in its facial value, it cannot be noticed anywhere that the complainant has attributed any motive with respect to the alleged act said to have been committed by the accused. No where she has stated as to what made the accused to all of a sudden approach and assault her. She has not attributed any reason for the alleged act of the petitioner. Admittedly, it is not the case of the complainant that the alleged assailants were in any manner psychologically affected. So being persons of normal mental capacity, what made the accused persons to act in such a manner has no where been stated by the complainant.
8. Irrespective of the above, even if the complaint is taken on its facial value, the allegations made by the complainant are that the petitioner assaulted her and also torn her clothes. Even according to her, she could able to go to the District Hospital which was at some considerable distance from the place of alleged offence in a public transport. Thus, on prima facie reading of the complaint at this stage would go to show that the alleged incident if at all has happened may be on some minor altercation. The prosecution has not shown any doubt or suspicion regarding the non-availability of the accused for the smooth conduct of the trial. The presence and enquiry of the complainant in the matter has not strengthened the case of the prosecution at this stage. As such, I am of the view that, by imposing reasonable conditions, the accused-petitioner be enlarged on the relief of anticipatory bail. Accordingly, I proceed to pass the following;
Order The petition is partly allowed.
In the event the petitioner is arrested by the Chikkaballapura Rural Police Station, in Crime No.217/2018, for the offences punishable under Sections 323, 324, 354 read with Section 34 of IPC, he shall be enlarged on the relief of anticipatory bail, subject to the conditions that;
i) He shall execute a personal bond for sum of `40,000/- (Rupees Forty thousand) with two sureties for the likesum to the satisfaction of the enlarging authority.
ii) He shall appear before the Investigating Officer on every Thursday, between 9.00 a.m. and 1.00 p.m., and mark his attendance till the investigation is completed and final report is filed.
iii) He shall not hamper and tamper the prosecution witnesses in any manner.
iv) He shall voluntarily surrender before the jurisdictional Magistrate Court within three weeks from today.
Sd/- JUDGE bk/