IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.8379/2018 BETWEEN:
Yaseen S/o.Fazalu Rehaman Aged about 34 years R/at.13th Main, Madina Nagar BTM II Stage Bangalore – 560 076.
(By Sri Mohankumara.D, Adv., for Sri Pradeep C.S. Adv.,) ...Petitioner AND:
The State of Karnataka State by MICO Layout Police High Court Govt. Pleader High Court of Karnataka Bangalore- 560 001. ...Respondent (By Smt Namitha Mahesh B.G., HCGP) This Criminal Petition is filed under Section 438 of the Code of the Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.695/2015 of MICO Layout Police Station, Bangalore City for the offence P/U/S 323 and 354 of IPC.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R This petition has been filed by the petitioner/accused No.1 under Section 438 of Cr.P.C. to release him on bail in Crime No.695/2015 of MICO Layout Police Station for the offences punishable under Sections 323 and 354 of IPC.
2. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
3. The prosecution case in brief is that on 23.07.2015 at about 8.30 p.m. the complainant - Smt.Fouziya lodged the complaint alleging that the petitioner has harassed her for sex, stating that her husband is having ill-health, so asked her to co-operate with him, when the complainant refused, the petitioner misbehaved with her and hit her on her face and based on this information, the case has been registered.
4. It is submission of the learned counsel for the petitioner that absolutely no prima facie evidence is forthcoming as against petitioner-accused No.1. The alleged offences are not punishable with death or imprisonment for life. Even 164 statement of the victim clearly goes to show that the matter has been compromised. He further stated that as per the order of this Court, petitioner had surrendered before the police, but wrongly it has been mentioned as absconding and on the basis of the same, the Court below has issued the NBW. He further submitted that petitioner is ready to abide by the conditions imposed on him by this Court and ready to offer sureties. On these grounds, he prays to allow the petition and to release the petitioner/accused No.1 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.1 has already obtained anticipatory bail and he has failed to comply with the conditions of the said anticipatory bail. As such, there is a violation of the bail condition and petitioner is not entitled to be released on bail. She further submitted that if the petitioner – accused is enlarged on bail, he may abscond and he may not be available for the trial. On these grounds, she prays for dismissal of the petition.
6. I have carefully and cautiously gone through the contents of the complaint and perused the records.
7. As could be seen from the records, it discloses the fact that the petitioner was granted anticipatory bail in Crl.Misc.No.5223/2015 and one of the condition of the bail is that the order of bail should remain in force for four weeks and within three weeks if the petitioner was not arrested he should voluntarily surrender before the police and seek for regular bail before the jurisdictional Court. But as seen from the records, the imposition of such condition is deprecated by the Hon’ble Supreme Court and now the petitioner has undertaken that he will be regular and even it is submitted by the learned counsel that the matter has been settled between the parties and that the petitioner is ready to abide by the conditions imposed by this Court.
8. By going through the materials on record, it goes to show that the alleged offences are not punishable with death or imprisonment for life. The records indicates that charge sheet has already been filed and if the petitioner is surrendered before the Court and attend the Court regularly, then it is going to meet the ends of justice.
9. In that light, petition is allowed and the petitioner/accused No.1 is enlarged on anticipatory bail in the event of his arrest in Crime No.695/2015 of MICO Layout Police Station for the offences punishable under Sections 323 and 354 of IPC, subject to the following conditions:
1. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/-(Rupees One Lakh Only) with two sureties for the likesum to the satisfaction of the trial Court.
2. Petitioner is directed to surrender before the trial Court within 15 days from today.
3. Petitioner shall not tamper with the prosecution evidence either directly or indirectly.
4. Petitioner shall be regular in attending the Court.
5. Petitioner shall not leave the jurisdiction of the Court without prior permission.
VMB Sd/- JUDGE