IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7899/2019 BETWEEN:
1. CHETAN, S/O. NONAIAH, AGED ABOUT 25 YEARS, 2. VIJET, S/O. KRISHNAPPA, AGED ABOUT 20 YEARS, BOTH ARE RESIDING AT R/O. KADAMBU PILIVLACHAL HOUSE, KODANGAYI POST, VITTAL PADNOORU VILLAGE, BANTWAL TALUK. D.K.-574243. ... PETITIONERS [BY SRI. RAHUL RAI K., ADVOCATE FOR SRI. ARUNA SHYAM, ADVOCATE] AND:
THE STATE OF KARNATAKA, THROUGH BANTWALA TOWN POLICE STATION, BANTWALA CIRCLE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. ... RESPONDENT [BY SRI. HONNAPPA, HCGP] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR. NO.60/2019 REGISTERED BY BUNTWALA TOWN POLICE STATION, D.K., FOR THE OFFENCE P/U/S 324, 308, 427 R/W 34 OF IPC AND SECTION 2(A) OF KARNATAKA PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records.
2. The petitioners are arraigned as accused Nos.1 and 2 respectively in Crime No.60/2019 of Buntwala Town, D.K. for the offence under Sections 324, 308 and 427 r/w. Section 34 of IPC and under Section 2A of the Karnataka Prevention of Destruction and Loss of Property Act, 1981 on the file of the I Additional City Civil and Sessions Judge at Bengaluru.
3. The brief facts of the case are that;
The complainant by name Prathap was a driver of a bus bearing reg. No.KA-19/D-2847 and on 25.06.2019, the said bus was moving from Mangaluru to Puttur. When it reached near Panemangaluru village near Kalluti Temple at about 8.30 a.m. the accused persons were coming on a motorcycle and the person who was sitting as a pillion rider i.e., petitioner No.1 herein was holding a stone in his hand and threw the same towards the bus. The said stone fall on the front glass of the bus and caused damage to the glass and the said stone also fell on the chest of the complainant. As a result, he sustained chest pain and later admitted to the hospital. The loss to the bus was estimated to the tune of Rs.15,000/-.
4. In the complaint, nothing has been stated that as to why it has happened and what was the reason for petitioner No.1 to threw stone on the bus. Therefore, in the absence of any motive and ill-will or hatred between the petitioner and the complainant or whether the accused were mentally sound or not, are the aspects that have to be ascertained during the course of full fledged trial and it has to be established during the course of investigation. Under the above said facts and circumstances, I am of the opinion that particularly under Section 439 of Cr.P.C., the petitioners are entitled to be enlarged on bail on the conditions as they were arrested by the Police on 28.08.2019 and since then they have been in judicial custody and they are no more required for further investigation. In the aforesaid facts and circumstances, the following order:
ORDER The petition is allowed, Consequently, the petitioners shall be released on bail in connection with Crime No.60/2019 of Buntwala Police Station for the alleged offences subject to the following conditions:
i) The petitioners shall execute a personal bond for a sum of Rs.50,000/- [Rupees Fifty Thousand only] each with one surety for the likesum to the satisfaction of the jurisdictional Court.
ii) The petitioners shall not indulge in tampering the prosecution witnesses.
iii) The petitioners shall appear before the jurisdictional Court on all the future hearing dates unless exempted by the Court for any genuine cause.
iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against them is disposed off.
(v) The petitioners shall mark their attendance once in fifteen days i.e., on any Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the filing of the charge sheet, whichever is earlier.
Sd/- JUDGE Ksm*