IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7410/2019 BETWEEN:
Y MUNIRAJU SON OF LATE YELLAPPA, AGED ABOUT 50 YEARS RESIDING AT NO.141, 1ST FLOOR, 9TH B CROSS, NEAR SBI COLONY, SARAKKI J.P.NAGAR, 1ST PHASE, BENGALURU-560078 ...PETITIONER (BY SRI: AKKI MANJUNATH GOWDA K, ADVOCATE) AND THE STATE OF KARNATAKA BY JAYANAGAR POLICE, BENGALURU, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560001.
(BY SRI ROHITH B.J., HCGP) …RESPONDENT ******* 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.158/2019 OF JAYANAGAR POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 323,332,341,353,143,147,149 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State. Perused the records.
2. Petitioner is arraigned as accused No.2 in Crime No.158/2019 on the file of the respondent – Police for the offences punishable under sections 143, 147, 323, 332, 341, 353 and 149 of Indian Penal Code.
3. The allegations made against the petitioner (A2) in brief are that, while the complainant was on duty, working as a driver in BMTC Depot-13 in Kattriguppe, on 28.07.2019, when he was driving the bus from ITPL to Banashankari Route, at about 7.45 p.m., near Sangam Circle, Jayanagar 8th Block, one Suzuki Baleno Car bearing No.KA.05.MX.5099 came in front of the bus and the driver of the said car, abused the complainant in filthy language and called six persons to the spot and they came in three two wheelers and formed into an unlawful assembly and assaulted the complainant on his face ie., nose and cheek etc. with their hands, kicked him on his stomach with their legs and caused bleeding injuries. The conductor and the passengers, who were in the bus rescued him. Thereafter, he personally went to the jurisdictional Police Station and lodged a complaint to that effect. Based on the complaint of the complainant, the respondent-Jayanagar Police have registered a case in Crime No.158/2019 for the above mentioned offences and started investigation.
4. In the above said facts and circumstances of the case, at present, there is no material to show that, as to what exactly the injuries sustained by the complainant. However, the nature of allegations show that the quarrel had taken place between two persons and they were not armed with any weapons. It appears that in a spur of moment, in the course of quarrel, the assault must have been taken place and there was no pre-intention on the part of the accused persons to assault the complainant and also the nature of injuries appears to be simple in nature.
5. As could be seen from the order passed by this Court in Criminal Petition No.6093/2019 disposed of on 11.09.2019, accused No.3 has already approached this court and the court has granted bail under section 438 Cr.P.C. The petitioner (A2) also stands on the same footing as that of accused No.3. Therefore, on the ground of parity also, the petitioner is entitled for grant of anticipatory bail with some stringent conditions.
Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner (A2)-Y.Muniraju shall be released on bail in the event of his arrest in connection with Crime No.158/2019 of Jayanagar Police Station for the alleged offences, pending on the file of the II Addl. CMM, Bengaluru City, subject to the following conditions:
i) The petitioner (A2) shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute his personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner (A2) shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner (A2) shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner (A2) shall not leave the jurisdiction of Bengaluru District without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner (A2) shall mark his attendance once in a week ie., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE Bss.