IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE P S DINESH KUMAR CRIMINAL PETITION No.9822 OF 2016 BETWEEN:
1. YADAVA S/O DOMBAYYA NALKE AGED ABOUT 31 YEARS, DOOR NO.2-132, EMAJE HOUSE NETLA MUDNUR NERALAKATTE BANTWAL TALUK - 574 243.
2. SRI LOKAYYA SHISHIL S/O ANNU NALKE MAJOR, BANGLETHADKA SHISHILA - 574 198 DAKSHINA KANNADA.
3. JAYANTHA S/O DOMBAYYA NALKE, AGED ABOUT 30 YEARS, DOOR NO.2-132 EMAJE HOUSE NETLA MUDNUR NERALAKATTE BANTWAL TALUK - 574 243. ... PETITIONERS (BY SRI:VISHWAJITH SHETTY S, ADV) AND:
STATE OF KARNATAKA VITLA POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE - 560 001. ... RESPONDENT (BY SRI:S VISHWA MURTHY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.318/2016 OF VITLA P.S., D.K., FOR THE OFFENCE P/U/S 324,341,354,307 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This petition is filed seeking anticipatory bail by accused Nos.1, 3 and 4 in Crime No.318/2016 registered by the Vitla Police Station, Bantwala Circle, Dakshina Kannada alleging the offences punishable under Sections 341, 324, 354 read with Section 34 of Indian Penal Code, 1860, against the four accused mentioned therein. Accused No.2 has been granted bail.
2. Sri.Vishwajith Shetty S, learned counsel appearing for the petitioners submitted that the registration of FIR in the instant case has emanated out of a private civil dispute interse between the complainant and the accused. He further submits that as a matter of fact the complainant and three others have committed offences punishable under Sections 448, 427, 324, 354 read with Section 34 of IPC against the wife of first petitioner and other family members.
Accordingly, the first petitioner’s wife has also lodged a complaint which is registered as Crime No.319/2016 in the same police station. The complainant after a lapse of four days, i.e., on 30.11.2016 has given an additional statement, based on which, offence punishable under Section 307 of IPC is sought to be included by the police. In the premise, he prays for allowing of the petition and to grant anticipatory bail.
3. Sri.S Vishwa Murthy, learned High Court Government Pleader, on the other hand would submit that only in order to dilute the vigor of complaint, first petitioner’s wife has filed a false counter complaint. The matter requires investigation and more particularly, in the light of the further statement given by the complainant. With these submissions, he prays for dismissal of the petition.
4. Admittedly, the complaint is registered for the commission of offences mentioned supra. Learned counsel for the petitioners has placed for perusal of this court the additional statement said to have been given by the complainant, based on which, section 307 of IPC is sought to be added. The said statement is recorded four days after the incident, i.e. on 30.11.2016. It is noteworthy that the complaint is also registered at 13.00 hours on 27.11.2016 for the offence alleged to have taken place on the previous night. It is the submission of learned counsel for the petitioners that the injuries are simple in nature and the injured was treated as outpatient and the said submission is not disputed by the learned High Court Government Pleader. The FIR suggests that there exists a dispute with regard to land belonging to a ‘Bhajana Mandir’. There is a complaint and counter complaint by both parties. Initially, the complaint is lodged alleging offence punishable under Sections 341, 324, 354 read with section 34 of IPC only.
5. In the premise, petition merits consideration and the petitioner shall be entitled to anticipatory bail, subject to the following conditions:
a) Petitioners-accused Nos.1, 3 and 4 shall surrender before the investigating officer of the jurisdictional police station on or before 10.02.2017 and in such an event, petitioners shall be released on bail on their executing a personal bond for a sum of Rs.50,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer;
b) They shall co-operate with the Investigating Officer for conducting investigation and shall appear before investigating officer as and when called for;
c) They shall mark their attendance on every first and third Sunday in between 10.00 a.m. and 5.00 p.m. before the jurisdictional police station, till charge sheet is filed.
d) They shall not hold out threats to the prosecution witnesses or lure them in any manner;
e) They shall not involve in any criminal activities; and If the petitioners violate any one of the conditions, the prosecution shall be at liberty to seek for cancellation of bail.
Petition allowed.
Sd/- JUDGE *bgn/- & mkm