IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.4220/2019 BETWEEN 1. SRINIVASA REDDY S/O LATE NARAYAN REDDY AGED ABOUT 76 YEARS R/AT NO.1066, CHURCH STREET NEW THIPPASANDRA H.A.L. 3RD STAGE BENGALURU – 560 075 2. VISHWANATH REDDY S/O SRINIVAS REDDY AGED ABOUT 56 YEARS R/AT NO.1066, CHURCH STREET NEW THIPPASANDRA H.A.L. 3RD STAGE BENGALURU – 560 075 ... PETITIONERS (BY SRI. M. T. NANAIAH, SR. ADV. ALONG WITH SRI. N. KUMAR, ADV.) AND THE STATE BY JEEVAN BHIMA NAGAR POLICE STATION, BENGALURU REP. BY SPP, HIGH COURT BENGALURU – 560 001 ... RESPONDENT (BY SRI. K. P. YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.153/2019 OF JEEVAN BHEEMANAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 341, 324, 332, 307, 323, 353 READ WITH 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners are arraigned as Accused Nos. 1 & 3 in Crime No. 153/2019 of Jeevan Bheemanagar Police Station in respect of the offences punishable under Sections341, 324, 332, 307, 323, 353 r/w. 34 of IPC.
The allegations in brief are that, they are the owners of a property situated at HAL 3rd stage, Near Hotel Krishna Bhavan, New Thippasandra Main Road, Thippasandra Village. It is alleged that, they have constructed AC sheet sheds and in fact the Commissioner of the Municipal Corporation has passed an order for demolition of the same. On the basis of the said order, the Engineer attached to the Corporation along with the Police have visited the spot and started removing the said AC sheet sheds. At that time, the accused persons came to that particular place along with other two persons and started abusing the Police Officers and also assaulted them with their hands and stones, and caused injuries and they have also prevented the Police Officers from exercising their official duties. On these allegations, the concerned Police have registered a case against the petitioners and started investigation.
Learned counsel for the petitioners submitted before the court that, in fact, in the said galata, the petitioners/accused have sustained more severe injuries on head and other parts of the body. On the other hand, the Police have also suffered some simple injuries. It is contended that the petitioners have claimed that, the said property belonged to them and the Officers have no authority to remove the said AC Sheet Sheds etc. In order to prevent the Police and in order to protect their property, they in fact used some force. In that context, the parties on both sides have used some force for the purpose of doing their acts. The petitioners wanted to protect their property and the Police Officers wanted to execute the order of the Commissioner. Therefore, in that context, it appears some quarrel took place and both the parties have suffered some injuries.
On careful perusal of the wound certificates produced by the learned HCGP in this context discloses that, one L.Y. Rajesh, the Police Inspector sustained injuries to his right ankle and foot and the Doctor has tentatively given his opinion that the said injury is grievous in nature. Other persons viz., Sri. Ravi (ACP), Sri. Chikkaramaiah (ACP) and Sri. Yogeshwarachar (ACP) attached to BDA Office, who came to the rescue to the complainant, have also sustained some scratch marks on their hands and chest. On the other hand, learned counsel also produced the wound certificates pertaining to the petitioners and the wound certificates disclose that Petitioner No.1-Srinivasa Reddy has suffered a contusion to his left elbow and left leg and Petitioner No.2-Vishwanath Reddy has in fact suffered Injury to his head and he lost his consciousness etc. Therefore, looking to the above said injuries sustained by both the parties, in my opinion, considering the peculiarity of this particular case, both the parties have suffered injuries. Therefore, it is just and necessary to release the petitioners on bail with some stringent conditions. Accordingly, the following order is passed:
ORDER The petition is allowed. The petitioners shall be released on bail in the event of their arrest in connection with Crime No.153/2019 of Jeevan Bheemanagar Police Station, Bengaluru City, on the following conditions:-
i) The petitioners shall surrender themselves before the concerned Investigating Officer within ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in similar activities and they shall not hamper the investigation or tamper the prosecution witnesses.
iii) The petitioners shall appear before the concerned Investigating Officer as and when required for the purpose of investigation, interrogation etc.
iv) The petitioners shall mark their attendance once in a week ie., 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.
v) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the concerned Investigating Officer, till filing of Final Report.
Sd/-
JUDGE KGR*