IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE K.NATARAJAN CRIMINAL PETITION NO.1223/2019 BETWEEN 1. C.T.Rajanna @ Rajanna S/o. Thimmappa Aged about 50 years.
2. Chandramma W/o. C.T.Rajanna @ Rajanna Aged about 41 years.
3. Praveena S/o. C.T.Rajanna @ Rajanna Aged about 26 years.
All are residing at Channanakunte Village Kasaba Hobli Sira Taluk Tumkur District – 572 137. ... Petitioners (By Sri Lakshmikanth K., Advocate) AND State of Karnataka by Sira Police Station Tumkuru Rep. by its Public Prosecutor High Court Building Bangalore – 560001. ... Respondent (By Smt.Namitha Mahesh B.G., 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.368/2017 (C.C.No.115/2018) registered by Sira Police Station, Tumakuru for the offences punishable under Sections 448, 354, 323, 504, 506 r/w. 34 of IPC.
This Criminal Petition coming for Orders on this day, the court made the following:
ORDER This petition is filed under Section 438 of Cr.P.C. for granting anticipatory bail. The petitioners are said to be accused Nos.1 to 3 in Crime No.368/2017 (C.C.No.115/2018) on the file of the Principal Civil Judge (Sr.Dn.) and JMFC, Sira, Tumkur District for the offences punishable under Sections 448, 354, 323, 504 and 506 of Indian Penal Code.
2. The petitioners are apprehending their arrest in the hands of the police. The allegation against the petitioners is that the complainant Smt.Rajamma has filed a private complaint in PCR No.10/2017 before Sira Court and referred to the Police then the police registered a case in Crime No.368/2017 for the above said offences and filed the charge sheet and thereafter NBW has been issued. Therefore, they are apprehending the arrest for the alleged offences.
3. Learned counsel for the petitioners contended that there is a civil dispute between the complainant and the petitioners. They do not know about the registration of the case. The alleged offences are not punishable with death or imprisonment for life. Accordingly, prays for allowing the petition.
4. Learned High Court Government Pleader has objected the bail petition.
5. The alleged offences are under Sections 448, 354, 323, 504 and 506 of IPC only. The petitioner No.1 said to be brother-in-law of the complainant, petitioners Nos.2 and 3 are his wife and his son. They are the relatives of the husband of the complainant and there was a civil dispute pending between them. Except Section 354 other offences are bailable in nature, the offence under Section 354 is not punishable with death or imprisonment for life.
Therefore, considering the facts and circumstance of the case, there is reasonable ground to show there is apprehension of arrest in the hands of the police and charge sheet already filed and they are not required for any investigation for the police. Hence, I pass the following:
ORDER Accordingly, Criminal Petition is allowed.
The respondent – Police are directed to release the petitioners/accused Nos.1 to 3 on bail in the event of their arrest for the offences punishable under Sections 448, 354, 323, 504 and 506 of the I.P.C., registered by the respondent – Police Station in Crime No.368 of 2017, subject to the following conditions:
(i) Petitioners shall execute a personal bond for a sum of Rs.15,000/- (Rupees fifteen thousand only) each with a solvent surety for the likesum to the satisfaction of the Investigating Officer or the concerned trial Court;
(ii) Petitioners shall not directly or indirectly tamper with any of the prosecution witnesses;
(iii) Petitioners shall make themselves available to the Investigating Officer for interrogation whenever called for; and (iv) Petitioners shall appear before the concerned Court within fifteen days from the date of their arrest by the Investigating Officer and to move regular bail.
Sd/- JUDGE KA