IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV CRIMINAL PETITION No. 2643/2019 BETWEEN:
Suresh Kumar S/o. Subramani Aged about 25 years, R/at No.33, Hemavathi Street, 1st Cross, Near Ganesha Temple, Ramamurthy Nagar, Bengaluru 560 016.
... Petitioner (By Sri. T. Prakash, Advocate) AND:
State by Hennur Police Station Bengaluru Represented by State Pubic Prosecutor High Court of Karnataka Building, Bangalore 560 001.
... Respondent (By Sri. K. P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of the Criminal Procedure Code, praying to enlarge the petitioner on anticipatory bail in Crime No.53/2016 and now numbered as C.C.No.53512/2018 for the offence punishable under Section 326 r/w Section 34 of IPC pending before the 11th Additional Chief Metropolitan Magistrate at Mayohall, Bengaluru by directing the respondent Police to release the petitioner on bail in the event of his arrest.
This Criminal Petition coming on for orders this day, the Court made the following:
ORDER The petitioner is seeking to be enlarged on bail in the event of his arrest pursuant to the proceedings in Crime No.53/2016 for the offence under Sections 326 r/w 34 of IPC.
2. The case of the prosecution is that complaint was filed against two unknown persons alleging that on 06.02.2016 while he was walking in front of the house, he felt that somebody had hit him and lost consciousness. It is further stated in the complaint itself that his son has admitted the complainant to the hospital stating that it was a road traffic accident and the complainant has further stated that he wanted the proceedings to be closed. On the basis of the said complaint, FIR is registered and charge sheet has been filed.
3. The learned counsel for the petitioner states that the complaint is against unknown persons and charge sheet has been filed two years later, wherein for the first time the petitioner is sought to be implicated. Even as per the imputation made in the charge sheet, the imputation as regards assault with club is against accused no.2.
4. Taking note of the fact that petitioner’s name is not mentioned in the first complaint and there is a reference that petitioner was admitted by stating that there was road traffic accident and also noting that the imputation of inflicting injury with a club is against the accused no.2 and the role of the petitioner and the imputation made against him is general in nature, the petitioner is entitled to be enlarged on bail in the event of his arrest.
5. In the result, the bail petition filed by the petitioner under Section 438 of Cr.P.C. is allowed and the petitioner is enlarged on bail in the event of his arrest in Crime No.53/2016 for the offence under Sections 326 r/w 34 of IPC subject to the following conditions:
(i) The petitioner shall appear in person before the Investigating Officer in connection with Crime No.53/2016 within 15 days from the date of release of the order and shall execute a personal bond for a sum of `1,00,000/- (Rupees One Lakh only) with a surety for the likesum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall not tamper with evidence, influence in any way, any witness.
(iii) The petitioner shall physically present himself and mark his 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) In the event of change of address, the petitioner to inform the same to the concerned SHO.
(v) Any violation of the aforementioned conditions by the petitioner shall result in cancellation of bail.
Any observation made herein shall not be taken as an expression of opinion on the merits of the case.
Sd/- JUDGE Np/-