Karnataka High Court
Sri. Srinivasa vs The State Of Karnataka on 16 August, 2023
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
-1-
NC: 2023:KHC:28883
CRL.P No. 5197 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 5197 OF 2023
BETWEEN:
1. SRI. SRINIVASA,
S/O LATE. VENKATESHAPPA,
AGED ABOUT 40 YEARS.
2. SRI. ADHITYA,
S/O LATE. GOPALAPPA,
AGED ABOUT 21 YEARS.
3. SRI. KARTIK,
S/O SHRINIVASA,
AGED ABOUT 20 YEARS.
4. SRI. BALAJI,
Digitally S/O MANJUNATHA,
signed by
NANDINI MS AGED ABOUT 20 YEARS.
Location:
High Court of ALL ARE RESIDENTS OF
Karnataka
NAGANAYAKANAHALLI VILLAGE,
HOLUR HOBLI, KOLAR TALUK,
KOLAR DISTRICT - 563 126.
...PETITIONERS
(BY SRI. KIRAN GOWDA M., ADVOCATE FOR
SRI. PRASANNA KUMAR R. S., ADVOCATE)
AND:
THE STATE OF KARNATAKA,
BY KOLAR RURAL POLICE STATION,
REPRESENTED BY
HIGH COURT GOVERNMENT PLEADER,
AT BENGALURU - 560 001.
...RESPONDENT
(BY SMT. K. P. YASHODA, HCGP)
-2-
NC: 2023:KHC:28883
CRL.P No. 5197 of 2023
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 CR.NO.252/2023 OF
KOLAR RURAL P.S., KOLAR FOR THE OFFENCES P/U/S.341,
504, 143, 147, 148, 149, 323, 324, 326, 354 OF IPC AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Accused Nos.1 to 4 in Crime No.252/2023, registered by Kolar Rural Police Station, for the offence punishable under Sections 341, 504, 143, 147, 148, 149, 323, 324, 326 and 354 of IPC are before this Court seeking anticipatory bail.
2. Heard the learned counsel for the parties.
3. On the complaint of Smt.Priya R., dated 22.05.2023, F.I.R. in Crime No.252/2023 was registered by Kolar Rural Police against the petitioners and five others for the aforesaid offences. In the complaint it is alleged that on 21.04.2023 at about 9.30 pm, accused persons allegedly had assaulted the complainant and her family members and also abused them. It is alleged that in the said incident complainant had suffered grievous -3- NC: 2023:KHC:28883 CRL.P No. 5197 of 2023 injuries on her left foot. Thereafter, there was a panchayat. Subsequently on 21.05.2023 at about 7.00 pm, once again the petitioners allegedly had abused and assaulted the complainant and her family members. In this connection she has approached the Police on 22.05.2023 at about 17.30 hours and had lodged the complaint, which had resulted in registering F.I.R. in Crime No.252/2023. Apprehending their arrest in the said case petitioners had filed Crl.Misc.No.410/2023 before the Court of I Additional Sessions Judge at Kolar, which was dismissed as against them on 03.06.2023. It is under these circumstances, petitioners are before this Court.
4. Learned counsel for the petitioners has reiterated the grounds urged in the petition and submits that in respect of the incident in question which had taken place on 21.04.2023 there was no Police complaint lodged and in the incident which had taken place on 21.05.2023 no injury has been caused either to the complainant or to -4- NC: 2023:KHC:28883 CRL.P No. 5197 of 2023 her family members and accordingly, prays to allow the petition.
5. Per contra, the learned HCGP has opposed the bail application and submits that custodial interrogation is necessary and prays to dismiss the application.
6. From the perusal of the complaint averments it is seen that complainant allegedly suffered grievous injuries on her left leg in the incident which had taken place on 21.04.2023. Undisputedly there is no Police complaint lodged by the complainant in respect of the said incident. Thereafter, on 21.05.2023 at about 7.00 pm, accused persons once again abused and assaulted the complainant and her family members. Neither the complainant nor her family members have suffered any injuries in the said incident. The allegation is that, the accused persons have assaulted with their hands. Incident had taken place at about 7.00 pm on 21.05.2023 and complaint was lodged on 22.05.2023 at about 5.30 pm, there is an inordinate delay in lodging the complaint. Under these circumstances, I am of the view that, -5- NC: 2023:KHC:28883 CRL.P No. 5197 of 2023 petitioners have made out a prima facie case for grant of anticipatory bail. Accordingly, the following:
ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest in Crime No.252/2023, registered by Kolar Rural Police Station, for the offence punishable under Sections 341, 504, 143, 147, 148, 149, 323, 324, 326 and 354 of IPC subject to the following conditions:
1. The petitioners 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 investigating officer.
2. The petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.-6-
NC: 2023:KHC:28883 CRL.P No. 5197 of 2023
3. The petitioners shall not tamper with the prosecution witness and they shall co-operate with the Police for investigation and appear before them whenever called upon till filing of charge sheet.
4. The petitioners shall not involve in similar offences in future.
Sd/-
JUDGE GPG List No.: 1 Sl No.: 48 CT:PH