IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6846 OF 2018 BETWEEN:
1. Sridhar M S/o R. Muniraju, Aged about 29 years, Occupation: B. TV News Reporter, Residing at: Panner Beedhi, Budigere Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District – 562 129.
2. Ramanjeneya M S/o R. Muniraju, Aged about 25 years, Occupation: Vijaya Karnataka Press Reporter, Residing at: Panner Beedhi, Budigere Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District – 562 129.
3. Ramesh C S/o Maram Chinnayappa, Aged about 29 years, Occupation: Agriculturist, Residing at: No.142, Burudugunte, Chikkaballapura Taluk and District – 563 159.
4. Munikrishna B.M. S/o Byanna, Aged about 30 years, Occupation: Agriculturist, Residing at: Maseedi Road, Budigere Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District – 562 129. (By Sri. H. Shanthi Bhushan, Advocate) AND State of Karnataka By Channarayapatna Police Station, Devanahalli Taluk – 562 135.
Rep. High Court Government Pleader, High Court of Building, Bengaluru – 560 001.
(By Smt. Namitha Mahesh B.G., HCGP) ...Petitioners ...Respondent 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 of Channarayapatna Police Station, Bengaluru for the offence punishable under Sections 341, 326, 427, 504, 506 read with Section 34 of IPC.
This Criminal Petition coming on for Orders, this day, the court made the following:
ORDER Petitioners are accused Nos.1 to 4 in Crime No.93/2018 of Channarayapatna Police Station, Devanahalli Taluk, Bengaluru. The said case is registered against the petitioners and accused No.5 for the offence punishable under Sections 347, 326, 427, 504, 506 read with Section 34 of IPC on the basis of the complaint of one Lokesh Gowda.
2. It is alleged that on 15.08.2018, at 9.00 p.m., in Green Hills Daba, accused picked up quarrel with the complainant regarding supply of Cigarette, abused him in foul language and assaulted him with Bottle, Cooker, Clubs and dining plates and caused him grievous injuries. It is further alleged that accused ransacked Hotel furniture and destroyed the properties.
3. Learned counsel for the petitioners submits that, when the petitioners in course of their profession of journalism attempted to expose the complainant party of trafficking Ganja, they themselves assaulted the petitioners and in that regard, on the complaint of first petitioner, respondent-Police registered Crime No.94/2018 against complainant party of this case. He further submits that again the complainant party assaulted accused No.1 and his brother on 18.08.2018, at Baptist Hospital and in that regard, on his complaint, Hebbal Police have registered Crime No.157/2018.
4. Learned HCGP submits that victim has suffered grievous injuries and the case is still at investigation stage.
5. FIR in Crime Nos.94/2018 and 157/2018 produced by the petitioners show that there were attacks and counter attack between the complainant party and accused party. Who were aggressors is to be decided on the trial. FIR in Crime No.157/2018 of Hebbal Police Station further shows that after three days of the incident of this case, again there was an allegation of attack against petitioner No.1 and his brother.
6. As per the discharge summary, the victim alleged assault by 3-4 persons, but the weapons of offence are not mentioned. The victim is discharged from the Hospital. The statements of the injured and material witnesses are already recorded. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
7. The petitioners/accused Nos.1 to 4 are granted anticipatory bail in Crime No. 93/2018 of Channarayapatna Police Station, Devanahalli Taluk. If they are arrested in the said case, they shall be released on bail subject to the following conditions:
(i) Petitioners/accused Nos.1 to 4 shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) They shall execute personal bond in a sum of `50,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer for their appearance.
(iii) They shall appear before the Investigating Officer as and when required for the purpose of investigation.
(iv) They shall not tamper the prosecution witnesses in any manner.
Sd/- JUDGE Mds/-