IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.1216 OF 2019 BETWEEN:
UMESHA S/O MOTEGOWDA AGED ABOUT 42 YEARS R/AT RAGIMUDDANAHALLI VILLAGE CHINAKURALI HOBLI PANDAVAPURA TALUK MANDYA DISTRICT–571 438 ... PETITIONER (BY SRI K.L. SREENIVAS, ADVOCATE FOR SRI V.N.MADHAVA REDDY, ADVOCATE) AND:
THE STATE OF KARNATAKA R/BY PANDAVAPURA POLICE STATION PANDAVAPURA TALUK MANDYA DISTRICT-571 438 BY STATE PUBLIC PROSECUTOR BENGALURU – 560 001 ... RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.110/2018 OF PANDAVAPURA POLICE STATION, MANDYA FOR THE OFFENCES P/U/Ss.201, 304 OF IPC AND SECTIONS 3, 4, 5 AND 9(b) OF EXPLOSIVE SUBSTANCES ACT, AND SECTIONS 4(1A), 21(1) OF M.M.D.R ACT AND 42 AND 44 OF KMMC RULES. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MANDYA HAS REJECTED THE BAIL PETITION ON 03.08.2018 IN CRL.MISC.NO.738/2018.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present petition has been filed by the petitioner under Section 438 of Cr.P.C. to release him on anticipatory bail in Crime No.110/2018 of Pandavapura Police Station, Mandya for the offences punishable under Section 279 & 304A of IPC.
2. Heard the learned counsel for the petitioner, learned HCGP for the respondent-State and perused the records.
3. An FIR was registered earlier in Crime No.110/2018 for the offences punishable under Sections 279 and 304(A) of IPC on 01.04.2018 on the information given by a person by name Du Veeranna of Kokkebore Village, Malai Mahadeshwara Betta, Hanur Taluk, Chamarajanagar District, wherein, the said person has informed the police that his son Shivamurthy was coming in a tractor bearing registration No.KA-11-T-4306 along with a driver, which capsized due to the rash and negligent driving of the said tractor by its driver, thereby the deceased sustained severe injuries and succumbed to the injuries later. But, during the course of investigation, the police found that the petitioner, deceased Shivamurthy and others were working in a stone quarry belonging to the petitioner and infact the petitioner while working on the spot itself and while exploding the explosive substances for the purpose of breaking stones, he has not taken care and due to that some stones have fallen on the deceased and due to that he died. Therefore, the police have converted a case under Sections 201 & 304 of IPC and Sections 3, 4, 5 & 9(b) of the Explosive Substances Act, 1908 and Sections 4(1A), 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 and Sections 42 and 44 of Karnataka Minor Mineral Concession Rules, 1994.
4. On perusal of the above said factual aspects there are two versions in the prosecution case itself at the initial stages. Even accepting the second version, it is very difficult at this stage to come to a conclusion whether the offence falls under Section 304 or still under Section 304-A of IPC. Though the other offences have also been invoked, in my opinion, at this stage, when such two versions are available, the petitioner is entitled to be enlarged on bail on certain stringent conditions. Hence, the following order:
The Petition is allowed. Consequently, the petitioner shall be released on bail in connection with Crime No.110/2018 of Pandavapura Police Station for the offences punishable under Sections 279 and 304(A) of IPC, subject to the following conditions:
(i) The Petitioner shall be released on bail in the event of his arrest by the respondent- police/on his voluntarily surrendering before the Investigating Officer within 10 days from the date of receipt of a copy of this order subject to his executing a personal bond for a sum of `1,00,000/-(Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the Investigating Officer;
(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation as and when required;
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed off.
(v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE cp*