Karnataka High Court
Ananda Gowda vs The State on 23 September, 2014
Author: R.B Budihal
Bench: R.B Budihal
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 23RD DAY OF SEPTEMBER 2014
BEFORE
THE HON'BLE MR. JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO. 5268 OF 2014
BETWEEN:
1. ANANDA GOWDA
S/O ANNU GOWDA
AGED 41 YEARS
KURUNJA HOUSE
SHIBAJE VILLAGE, POST
BELTHANGADY TALUK - 574 218.
2. YATHEESHA GOWDA
S/O JAMARDHANA GOWDA
AGED ABOUT 26 YEARS
BENGALA HOUSE
SHIBAJE VILLAGE POST
BELTHANGADY TALUK - 574 218.
3. VASANTHA POOJARY
S/O AITHAPPA POOJARY
KEREKODI HOUSE
SHIBAJE VILLAGE AND POST
BELTHANGADY TALUK - 574 218.
4. MADHAVA GOWDA
S/O LATE DOOMA GOWDA
KHANDIGE HOUSE
SHIBAJE VILLAGE POST
BELTHANGADY TALUK - 574 218.
5. HAREESHA MUGERA
S/O BABU MGERA
AGED ABOUT 21 YEARS
GUNDYA HOUSE
SHIBAJE VILLAGE AND POST
2
BELTHANGADY TALUK - 574 218.
6. KISHORE
S/O JANARDHANA GOWDA
AGED 29 YEARS
MONTETHADKA HOUSE
SHIBAJE VILLAGE AND POST
BELTHANGADY TALUK - 574 218.
... PETITIONERS
(BY SRI. VINAYAK N. URANKAR, ADV., FOR
SRI SANTOSH S.NAGARALE, ADV.,)
AND:
THE STATE
REPRESENTED BY THE
UPPINAGADY POLICE STATION - 574 206.
... RESPONDENT
(BY SRI K.NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C. PRAYING TO ENLARGE THE PETITIONERS ON BAIL
IN THE EVENT OF THEIR ARREST IN CRIME NO.112/2014 OF
UPPINANGADY POLICE STATION, D.K.DISTRICT, FOR THE
OFFENCE P/U/S.143, 147, 404, 506, 448, 427 AND 392 READ
WITH SECTION 149 OF IPC AND SEC. 9B(b) OF EXPLOSIVES
ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT PASSED THE FOLLOWING:-
ORDER
This is the petition filed by the petitioners/accused Nos.1 to 5 and accused No.14 under Section 438 of Cr.P.C. seeking anticipatory bail to release the petitioners on bail in the event of their arrest in Crime No.112/2014 registered in 3 respondent-police station for the offences punishable under Sections 143, 147, 504, 506, 448, 427 and 392 R/W 149 of IPC and also Section 9B (b) of Explosive Act.
2. Heard the arguments of the learned counsel appearing for the petitioners/accused Nos.1 to 5 and 14 and also heard the learned High Court Government Pleader for the respondent-State.
3. Learned counsel for the petitioners during the course of his argument made the submission that looking to the complaint allegations they are general allegations against group of persons who are alleged to have come to the house of complainant and made galata and caused damage to the household articles. Learned counsel submitted that there are no specific allegations against each of the accused persons and also the nature of the offences that they have committed. He also submitted that according to the complaint averments, the accused by name Sonu has blasted the country made bomb. He produced the copy of the bail order granted by the learned J.M.F.C. court at Belthangady, Dakshina Kannada in 4 Crl.P.No.112/2014. Hence, he made the submission that there is no allegation of any specific damage alleged to have been made by each of the petitioners. Now the investigation of the case is completed and charge sheet has been filed. The other accused persons were granted anticipatory bail by the order of this court. Hence, by imposing reasonable conditions petitioners may by enlarged on bail.
4. As against this, learned High Court Government Pleader during the course of his argument made the submission that looking to the complaint averments and also statement of witnesses recorded by the investigating officer during the investigation it prima-facie goes to show the involvement of the present petitioners in committing the alleged offences. They are the eye witnesses to the alleged incident. All these petitioners are absconding since from the date of incident and investigating officer has to interrogate accused persons. Hence, they are not entitled to be granted with bail.
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5. I have perused the averments made in the bail petition and other charge sheet material produced by the learned counsel for the petitioners along with the petition and also bail order granted by the J.M.F.C. Court, Belthangady in respect of accused Sonu and the anticipatory bail order granted by this court dated 11.08.2014 in Crl.P.No.4196/2014. This court has considered the entire merits of the case and ultimately allowed the petition and granted anticipatory bail to the petitioners in the said petition. Now the investigation is completed and charge sheet has been filed. All the offences are triable by the Magistrate court. Alleged offences are not exclusively punishable with death or imprisonment for life. On the ground of parity also the present petitioners are entitled to be granted with bail.
Hence, petition is allowed. Respondent-police are directed to release the petitioners/accused Nos.1 to 5 and 14 on bail in the event of their arrest in Crime No.112/2014 registered in respondent-police station for the offences punishable under Sections 143, 147, 504, 506, 448, 427 and 6 392 R/W 149 of IPC and also Section 9B (b) of Explosive Act, subject to the following conditions:
1. Each Petitioner to execute a personal bond for Rs.25,000/-(Rupees Twenty Five Thousand Only) and to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.
2. Petitioners shall not tamper the prosecution witnesses directly or indirectly.
3. Petitioners shall appear before the Investigating Officer for interrogation, whenever called for.
4. Petitioners shall appear before the concerned Court within thirty days from the date of this order and execute the personal bond and also the surety bond.
SD/-
JUDGE SM