IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4189 OF 2019 BETWEEN:
1. ANAND, S/O LATE BYRAPPA, AGED ABOUT 30 YEARS.
2. NARASIMHAMURTHY, S/O.LATE TIRUMALAPPA, AGED ABOUT 35 YEARS.
BOTH ARE RESIDENTS OF, ANGAREKHANAHALLI VILLAGE, KASABA HOBLI, CHIKKABALLAPURA TALUK & DISTRICT-562 101. ... PETITIONERS (BY SRI.M.SHIVAPRAKASH, ADVOCATE) AND:
THE STATE OF KARNATAKA, BY CHIKKABALLAPURA POLICE, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE-560 001. ... RESPONDENT (BY SRI.HONNAPPA, HCGP) THIS CRL.P IS FILED U/S.438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.84/2019 OF CHIKABALLAPURA RURAL P.S., CHIKKABALLAPURA FOR THE OFFENCE P/U/S 143,147,148,307,323,324,332,353,504,506 R/W 149 OF IPC.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard learned counsel for petitioners and learned HCGP for the respondent-State. Perused the records.
2. The petitioners are arraigned as accused nos. 7 and 9 in Cr.No.84/2019 of the respondent-police for the offences punishable under Sections 143, 147, 148, 504, 506, 323, 324, 332, 307 and 353 r/w Section 149 IPC.
3. The allegations are that on 09.05.2019 some people making groups were playing Andar-Bahar game near Bhanu Sound System. The complainant along with the police staff proceeded to the spot, apprehended and taken into custody one Madhava son of Mugappa and also seized a sum of Rs.1030/- from the spot. In this context, it is alleged that the accused persons have formed themselves into an unlawful assembly and assaulted a constable by name Somashekar. In fact, this Court, on earlier occasion, while dealing with the above said matter in Crl.P.No.4245/2019 in respect of the accused by name Ramesh is concerned released him on bail on the ground that the injured has only suffered simple injuries and no criminal antecedents alleged against the petitioner therein. In fact, these petitioners are also stand on the same footing as that of Ramesh. Hence, the petitioners are also entitled to be enlarged on bail on the same conditions.
Accordingly, the petition is allowed and the petitioners are enlarged on bail in the event of their arrest in connection with Cr.No.84/2019 of Chickballapura Rural Police Station for the offences punishable under Sections 143, 147, 148, 504, 506, 323, 324, 332, 307 and 353 r/w Section 149 of IPC, subject to the following conditions:
i) The petitioners shall surrender themselves before the Investigating officer within 15 days from the date of receipt of a certified copy of this order and they shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one Lakh only) each with one surety for the likesum to the satisfaction of the Investigating Officer.
ii) The petitioners shall not hamper and tamper the investigation or the prosecution witnesses.
iii) The petitioners shall mark their attendance before the concerned Station House Officer once in a week between 10.00 a.m. and 5.00 p.m. till filing of the final report.
iv) The respondent-Police is at liberty to take the petitioner into custody for the limited purpose of recovery, if circumstances so warrant.
v) In the event of change of address, the petitioners have to inform the same to the concerned SHO.
vi) Any violation of the aforementioned conditions by the petitioners, shall result in cancellation of bail.
Any observations made herein shall not be taken as an expression of opinion on the merits of the case.
Psg* Sd/- JUDGE