Karnataka High Court
Jithu M A vs The State Of Karnataka on 20 February, 2018
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2018
BEFORE
THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.991/2018
C/W
CRIMINAL PETITION NO.990/2018
AND
CRIMINAL PETITION NO.992/2018
IN CRIMINAL PETITION NO.991/2018
BETWEEN:
JITHU M A
S/O JOHNY,
AGED ABOUT 26 YEARS
PRESENTLY RESIDING AT FLAT NO.301
PRIDE APARTMENTS,
THIPPASANDRA,
BENGALURU-560 075.
PERMENANT RESIDENT AT
MANJAPRAYIL HOUSE,
KOOTHATTUKULUM PO,
ERNAKULAM DISTRICT 686 662. ... PETITIONER
(BY SRI.SHAINY K D., ADV.)
AND:
THE STATE OF KARNATAKA
BY J.B.NAGAR POLICE STATION,
2
BENGALURU,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-560075. ... RESPONDENT
(BY SRI.VISHWAMURTHY, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.23/2018 OF JEEVAN BHEEMANAGAR POLICE
STATION, BENGALURU CITY FOR THE OFFENCES P/U/S
354A, 504, 509, 354B, 506B, 354, 353, 332 R/W 34 OF IPC
AND SECTION 25(1)(B)(b) OF THE ARMS ACT.
IN CRIMINAL PETITION NO.990/2018
SACHIN DEV
S/O SUKADEV,
AGED ABOUT 25 YEARS
PRESENTLY RESIDING AT FLAT NO.301
PRIDE APARTMENTS,
THIPPASANDRA,
BENGALURU-560075.
PERMENANT RESIDENT AT
PATTATHIL HOUSE,
KANHIRANGAD PO,
THALIPARAMBA, KANNUR-670142. ... PETITIONER
(BY SRI SHAINY K D, ADV.)
AND
THE STATE OF KARNATAKA
BY J.B.NAGAR POLICE STATION,
BENGALURU,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
3
HIGH COURT BUILDING
BENGALURU 560 075. ... RESPONDENT
(BY SRI S VISHWAMURTHY, HCGP)
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.23/2018 OF JEEVAN BHEEMANAGAR POLICE
STATION, BENGALURU CITY FOR THE OFFENCES P/U/S
354A, 504, 509, 354B, 506B, 354, 353, 332 R/W 34 OF IPC
AND SECTION 25(1)(B)(b) OF THE ARMS ACT.
IN CRIMINAL PETITION NO.992/2018:
AKHIL JOSE
S/O JOSE,
AGED ABOUT 27 YEARS,
PRESENTLY RESIDING AT FLAT NO.301,
PRIDE APARTMENTS,
THIPPASANDRA,
BENGALURU-560075.
PEMENANT RESIDENT AT VETTIKKAKUNNEL,
MUTHALAKODAM P O
THODUPUZHA,
IDUKKI DISTRICT 685588.
... PETITIONER
(BY SRI. SHAINY K D., ADV.)
AND
THE STATE OF KARNATAKA
BY J.B.NAGAR POLICE STATION,
BENGALURU.
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-560075.
... RESPONDENT
(BY SRI.VISHWAMURTHY, HCGP)
4
THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO
ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.23/2018 OF JEEVAN BHEEMANAGAR POLICE
STATION, BENGALURU CITY FOR THE OFFENCES P/U/S
354A, 504, 509, 354B, 506B, 354, 353, 332 R/W 34 OF IPC
AND SECTION 25(1)(B)(b) OF THE ARMS ACT.
THESE CRIMINAL PETITIONS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Since these three petitions are in respect of same crime number and common questions of law and facts are involved in these three petitions, they are taken up together to dispose of them by this common order and in order to avoid repetition of discussion of facts and law.
2. Crl.P.991/2018 is filed by the petitioner/accused No.2, Crl.P.990/2018 is filed by the petitioner/accused No.3 and Crl.P.992/2018 is filed by the petitioner/accused No.4, all these three petitions are 5 filed under Section 439 of Cr.P.C. seeking their release on bail of the offences punishable under Sections 354A, 504, 509, 354B, 506B, 354, 353, 332 read with 34 of IPC and also under Section 25(1)(B)(b) of Arms Act, 1959, registered in respondent - police station Crime No.23/2018.
3. Brief facts of the prosecution case as per the complaint averments that Police Inspector has submitted the report dated 19.01.2018 wherein it is stated that the complainant/Ashwini is working in Jeevan Bheema Nagar Police Station a as Sub-Inspector and on 18.01.2018 when the complainant was having beat duty, she along with PC 12806 Sri Siddappa Handibara and H.G 500 Sri.Ravi Kumar, were moving in Hoysala Jeep on patrolling duty, on 19.01.2018 at about 2.30a.m. in the main road near Clumax Diagnostics Centre, New Thippasandra Main Road, four 6 unknown persons showing knife to the Police and posing threat to public, at that time the complainant went to the said place and they have noticed that one person was holding knife, when they proceeded to caught hold him, the Police Constable as well as the Head Constable apprehended two persons out of four, but they pushed the police forcefully and one person holding the hand of the complainant, abused the complainant in filthy language and pulled the uniform and thereby put hurdles in discharging her duties. After hearing the galata at the said place, 3-4 persons came to the help of the complainant, and even those persons, abused the public in filthy language, who came to help the complainant. When they caught hold one person, he assaulted the complainant nearby right hand by fisting and there was injury, with the help of public they were taken to Police Station and produced before the SHO, complainant went to the hospital for the purpose 7 of taking treatment, hence, action may be taken against those four persons, who have committed the alleged offence. On the basis of the said complaint, case came to be registered for the alleged offence.
4. Heard the arguments of the learned counsel appearing for the petitioners/accused and also the learned High Court Government Pleader appearing for the respondent-State in respect of all the three petitions.
5. Learned counsel for the petitioners during the course of his arguments has submitted that false allegations are made against the petitioners though they have not involved in committing the alleged offence. He also submitted that petitioners are in custody since from the date of their arrest, they are prepared to abide by any conditions to be imposed by this Court and ready to cooperate with the Investigation agency. 8 Hence, submitted to allow the petitions and to release the petitioners on bail.
6. Learned High Court Government Pleader, opposed the petition contending that the petitioners along with other accused caught hold the complainant, who is lady Police Officer, pulled her uniform, abused her in filthy language and thereby prevented her in discharging her duties. Looking into these allegations made in the complaint, they are serious in nature, hence, submitted that petitioners are not entitled for grant of bail.
7. I have perused the grounds urged in the bail petitions, FIR, complaint and other materials placed on record.
8. Looking into the allegations made in the complaint though there is an allegation that those four 9 persons abused the complainant in filthy language but it is not specifically mentioned about what are the words used, general allegations are made that four persons abused the complainant and other Police Officials in filthy language.
9. Regarding the allegations made in the complaint, the petitioners herein have contended in the respective petitions that there is false implication, they never involved in committing the alleged offence, even they have undertaken to abide by any conditions to be imposed by this Court. The alleged offences are also not exclusively punishable with death or imprisonment for life.
10. While hearing the petitions, learned counsel for the petitioners has submitted that insofar as the weapon is concerned, it is recovered from accused No.1, but petitioners/accused Nos.2 to 4 were not possessing 10 any weapon. It is also submitted that from the date of arrest, petitioners are in custody, hence, I am of the opinion that by imposing reasonable conditions petitioners may be enlarged on bail.
11. Accordingly, all the three petitions are allowed. Petitioners/accused Nos.2 to 4 are ordered to be released on bail for the offence punishable under Sections 354A, 504, 509, 354B, 506B, 354, 353, 332 read with 34 of IPC and also under Section 25(1)(B)(b) of Arms Act, 1959, registered in respondent - police station Crime No.23/2018, subject to the following conditions:
i. Petitioners shall execute a personal bond for Rs.50,000/- each and shall furnish one surety for the likesum to the satisfaction of the concerned Court.11
ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioners have to appear before the concerned Court regularly.
Sd/-
JUDGE BSR