IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO.6446/2017 BETWEEN 1. SUNIL KUMAR S/O SUBBE GOWDA AGED ABOUT 27 YEARS R/A HARDUR PURA VILLAGE GANJALGODU POST ARAKULGODU TALUK HASSAN DISTRICT – 573 102 2. SHARATH S/O LOKESHA AGED ABOUT 27 YEARS R/A CHIKKA MALLENALLI VILLAGE SHANTHI GRAMA HOBLI HASSAN TALUK AND DISTRICT HASSAN DISTRICT – 573 201.
(BY SRI.J.T. GIREESHA, ADVOCATE FOR SRI. SANDEEPA S.H., ADVOCATE) AND STATE OF KARNATAKA BY EXTENSION POLICE HASSAN HASSAN DISTRICT REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001.
... PETITIONERS ... RESPONDENT (BY SRI.S.VISHWAMURTHY, 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.233/2015 (C.C.NO.5653/2016) OF HASSAN EXTENSION P.S., HASSAN DISTRICT FOR THE OFFENCES P/U/S 22, 23(B) OF MMRD ACT AND SEC.143, 147, 148, 341, 504, 323, 307, 333, 395, 506, 379 R/W 149 OF IPC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State.
2. The petitioners - accused Nos.3 and 4 along with eight others are charge sheeted by the respondent- police in their Crime No. 233/2015 registered in respect of the offences punishable under Sections 22, 23(B) of MMRD Act and Sections 143, 147, 148, 341, 504, 323, 307, 333, 395, 506, 379 r/w 149 of IPC. Petitioners are shown as absconding accused in the charge sheet.
3. The allegation is, the accused persons attacked the complainant - police Inspector while he was checking the documents of the lorries transporting sand.
4. Learned counsel for the petitioners submits that these petitioners were not named in the FIR and they are neither the drivers nor the owners of any of the vehicles shown in the FIR. He further submits that similarly placed accused No.1 is granted anticipatory bail by this Court in Crl. P. No.2570/2017 disposed of on 24.04.2017. If anticipatory bail is granted for them for a limited period, they will surrender before the Court and move for regular bail.
5. In the light of the above, petition is allowed.
Petitioners are granted anticipatory bail in Crime 233/2015 for a period of three weeks. Within the above period, they shall surrender before the concerned Court and move for regular bail. The concerned Court is directed to dispose of his application after giving its audience to both parties. Till then, this order will be in force. In the event of his arrest within the above period by the respondent-I.O. in respect of the above case, they shall be released on bail on executing self bond for `50,000/- each with one surety for the likesum.
Sd/- JUDGE BS