Karnataka High Court
Santosh Bhat vs The State on 11 August, 2014
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 11TH DAY OF AUGUST 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION No.4196/2014
BETWEEN:
1. Santosh Bhat,
S/o. Vaikunta Bhat,
Aged 32 years,
R/at Vairanda House,
Shibaje Village, Post,
Belthangady Taluk-574 218.
2. Vinaychandra Gowda,
S/o. T. Lingappa Gowda,
Aged 29 years,
R/at Tamblaje House,
Shibaje Village, Post,
Belthangady Taluk-574 218.
3. Theertrhesha Gowda,
S/o. Lokayya Gowda,
Aged 31 years,
R/at Tamblaje House,
Shibaje Village, Post,
Belthangady Taluk-574 218.
4. Dinesh Mugera,
S/o. Thaniya @ Babu Mugera
Aged 28 years,
R/at Kurunja House,
Shibaje Village, Post,
Belthangady Taluk-574 218.
2
5. Ashwatha Gowda,
S/o. G. Krishna Gowda,
Aged 32 years,
R/at Gundya House,
Shibaje Village and Post,
Belthangady Taluk-574 218.
6. Shivappa Poojary,
S/o. Lingappa Poojary,
Aged 43 years,
R/at Baikara House,
Shibaje Village, Post,
Belthangady Taluk-574 218. .. PETITIONERS
(By Sri. K.M. Nataraj, Adv.)
AND:
The State
Rep. by the
Uppinagady Police Station-574 206. .. RESPONDENT
(By Sri. K. Nageshwarappa, HCGP)
This criminal petition is filed under Section 438 of the
Cr.P.C. praying to enlarge the petitioners on bail in the event
of their arrest in Cr. No.112/2014 of Uppinangady P.S., for
the offences punishable under Sections 143, 147, 504, 506,
448, 427 and 392 read with Section 149 of IPC and Section
9B(b) of Explosives Act.
This petition coming on for Orders this day, the Court
made the following :
3
ORDER
This petition is filed by the petitioners-accused Nos.7 to 9 and 11 to 13 under Section 438 of Cr.P.C. seeking a direction to the respondent police that in the event of their arrest, they be released on bail of the offences punishable under Sections 143, 147, 504, 506, 448, 427 and 392 read with Section 149 of IPC and Section 9B(b) of Explosives Act registered in respondent Police Station Crime No.112/2014.
2. I have heard the learned Counsel appearing for the petitioners-accused Nos.7 to 9 and 11 to 13 and the learned High Court Government Pleader appearing for the respondent-State.
3. I have perused the averments made in the bail petition, FIR, complaint and the other materials on record. I have also perused the order passed by the lower court on the bail application of accused No.6 produced by the petitioners herein.
4
4. Looking to the allegations made in the complaint, the case of the prosecution in brief is that on 17.05.2014, the informant one by name A.C. Ulahanan lodged a complaint with Uppinangady Police against fifteen persons stating that on 16.05.2014, after the completion of counting of votes of Lok Sabha Elections 2014 and announcement of elected candidate, the accused persons having formed themselves into an unlawful assembly, came in a pick-up vehicle and splendor motorcycle near the house of informant, abused him in filthy language and threatened him to take away his life. They were bursting the crackers under the guise of celebration of victory of their candidate. At about 8.30 p.m., the accused persons returned back to the house of the informant, having formed themselves into an unlawful assembly and armed with talwars, clubs etc., and illegally trespassed into his house, damaged the furniture glass etc., and looted cash of Rs.91,000/- and snatched the gold ornaments of his wife. It is further alleged in the complaint that the damage caused by the act of the accused is to the tune of about Rs.1,00,000/- and they have taken away gold ornaments worth Rs.1,80,000/-. The complainant 5 has also alleged that the accused by name Sonu has blasted the country made bomb. On the basis of the said complaint, the case was registered against the accused persons for the alleged offence.
5. Looking to the averments made in the bail petition, it is contended by the petitioners that it was a mob consisting of 15 persons even according to the allegations made in the complaint. In the complaint averments, there are no specific allegations made against each of the accused persons. The learned Senior Counsel appearing for the petitioners made submission that one Sonu-accused No.6 against whom the allegation that he has blasted country made bomb has applied for bail before the lower court and he has been granted bail. A copy of the said order has been produced in this petition.
6. Looking to the materials on record, there are general allegations made against group of people and no specific allegations are made. The alleged offences are triable by the Court of Magistrate and they are not 6 exclusively punishable with death or imprisonment for life. As submitted by the learned HCGP, the investigation of the case is completed and the charge sheet has been filed. Therefore, by imposing reasonable conditions, the petitioners can be admitted to bail.
7. Accordingly, the petition is allowed. The respondent police are directed to release the petitioners on bail in the event of their arrest for the offences punishable under Sections 143, 147, 504, 506, 448, 427 and 392 read with Section 149 of IPC and Section 9B(b) of Explosives Act registered in respondent Police Station Crime No.112/2014, subject to the following conditions:
I. Each petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) and shall offer one surety for the likesum to the satisfaction of the concerned Court. II. The petitioners shall appear before the investigating officer for the purpose of interrogation, whenever called upon to do so. III. The petitioners shall not intimidate or tamper with prosecution witnesses, directly or indirectly.7
IV. The petitioners shall appear before the concerned Court within thirty days from the date of this order and shall execute personal bond as well as surety bond.
Sd/-
JUDGE Cs/-