IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27th DAY OF FEBRUARY, 2017 BEFORE THE HON'BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.9164/2016 BETWEEN:
1. SIDDESHA, S/O MAHADEVASHETTY, AGED ABOUT 35 YEARS, 2. MAHESHA, S/O MAHADEVASHETTY, AGED ABOUT 19 YEARS, ALL ARE R/AT KUNAGALLI VILLAGE, KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT – 571 440.
(BY SRI. MANJUNATH N.D., ADVOCATE) AND:
THE STATE OF KARNATAKA, THROUGH KOLLEGALA RURAL POLICE STATION, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT REPRESENTED BY S.P.P. HIGH COURT BENGALURU - 01 …PETITIONERS ...RESPONDENT (BY SRI S. VISHWA MURTHY, 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.253/2016 OF KOLLEGALA RURAL P.S., CHAMARAJANAGARA FOR THE OFFENCE P/U/S 324, 504, 354(B) R/W 34 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed under Section 438 of Cr.P.C seeking anticipatory bail in Crime No.253/2016 registered by Kollegala Rural Police Station, for offences punishable under Sections 324, 504 and 354(B) read with Section 34 of IPC.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State and perused the material papers.
3. The learned counsel for the petitioners submits that due to a dispute between the neighbours in respect of passage and thoroughfare this false complaint is filed. He has placed a wound certificate issued by the General Hospital, Kollegala, in respect of injuries sustained by the complainant- Govinda dated 13.1.2017, which shows that the injuries are simple in nature. It is also recorded therein that the patient was conscious, alert and responded well to verbal stimuli. The learned counsel for the petitioners further submits that even upon the conviction the maximum punishment is seven years. Accordingly, he prays for anticipatory bail.
4. The learned High Court Government Pleader opposes the petition.
5. Keeping in view the offences alleged against them, coupled with the fact that the injuries are certified to be simple, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:
(i) In the event of arrest or voluntary surrender of petitioners in Crime No.253/2016 before the jurisdictional Police or Magistrate on or before 13.3.2017, they shall be released on bail upon their executing a self bond for a sum of Rs.50,000/- each with one surety for the like sum to the satisfaction of the investigating officer;
(ii) Petitioners shall co-operate with the Investigating Officer during the further course of investigation and appear as and when called upon;
(iii) Petitioners shall mark their attendance before the jurisdictional Police on every 1st and 3rd Sunday of each calendar month between 10 a.m. & 1 p.m till the charge sheet is filed;
(iv) Petitioners shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade them from disclosing such facts to the Court or investigating officer;
(v) Petitioners shall not involve themselves in any criminal activities; and (vi) If the petitioners violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.
Petition allowed.
Sd/- JUDGE