IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8016 OF 2018 BETWEEN:
(BY SRI MANTHESH S. HOSMATH, ADV.) AND STATE BY HUNSUR TOWN POLICE MYSORE DISTRICT REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 ...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 CR.NO.378/2018 OF HUNSUR TOWN POLICE STATION, MYSURU DISTRICT FOR THE OFFENCES P/U/S 341, 186, 353, 332, 504 R/W 34 OF INDIAN PENAL CODE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are accused Nos.2 to 4 in Crime No.378/2018 of Hunusur Town Police, Mysuru District. The said case is registered against the petitioners and the first accused for the offences punishable under Sections 341, 186, 353, 332 and 504 read with Section 34 IPC, on the complaint of Sri.Mahesh J.E., Police Sub-Inspector, Hunusur Town Police Station.
2. It is alleged that on 17.9.2018 at 11.15 p.m., when complainant and his staff were on law and order duty near Shani temple, Hunusur, the accused were causing nuisance by parking goods auto No.KA-
45/5513 across the road and making galata. When the complainant requested them to maintain public order, the accused pulled him by his uniform and assaulted him and his colleagues.
3. The major offence i.e., one under Section 353 IPC is punishable with imprisonment upto three years. Majority of the witnesses to the incident are Police only. Therefore, chance of petitioners tampering them is remote.
4. It is submitted that regarding the same incident, one Ravi has filed complaint against complainant of this case alleging Police atrocities. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
The petitioners are granted anticipatory bail in Crime No.378/2018 of Hunusur Town Police, Mysuru District. If they are arrested in the said case, they shall be released on bail subject to the following conditions:
1. They shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. They shall execute personal bond in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for their appearance;
3. They shall appear before the Investigation Officer/Court as and when required for investigation/trial;
4. They shall not tamper the prosecution witnesses by threats, inducement or otherwise.
5. They shall mark their attendance before the Investigating Officer on every Sunday till completion of the investigation.
Sd/- JUDGE KNM/-