Karnataka High Court
Sri.Shivanand S/O Sridhar Naik vs The State Of Karnataka on 23 April, 2018
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
ON THE 23RD DAY OF APRIL 2018
BEFORE
THE HON'BLE MR. JUSTICE K.N. PHANEENDRA
CRIMINAL PETITION NO.100667 OF 2018
BETWEEN
1. SRI.SHIVANAND S/O SRIDHAR NAIK,
AGE: 28 YEARS, OCC: PRIVATE WORK,
R/O: MANIGADDE MANJALLI,
SIRSI, (UK)
2. RAVI S/O NAGAPPA PATAGAR,
AGE: 22 YEARS, OCC: PRIVATE WORK,
R/O: BANAVASI ROAD,SIRSI, (UK).
3. GANAPATHI S/O KUBER HALALLI,
AGE: 21 YEARS, OCC: STUDENT,
R/O: MARATHIKOPPA,, SIRSI, (UK).
4. SRI NAGARAJ S/O BASAPPA VALIKAR,
AGE: 29 YEARS, OCC: PRIVATE WORK,
R/O: VEERABHADRAGALLI, SIRSI, (UK).
5. SRI SUNIL S/O SURESH UDUPI,
AGE: 29 YEARS, OCC: PRIVATE WORK,
R/O: GANDHINGAR, SIRSI, (UK).
6. SRI ANAND S/O PANDURANG ACHARI,
AGE: 30 YEARS, OCC: PRIVATE WORK,
R/O: SHIGEHALI-SIDDAPUR,SIRSI, (UK).
7. OMKAR S/O SUBRAMANYA KANNA,
AGE: 25 YEARS, OCC: PRIVATE WORK,
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R/O: RAMANBAIL,SIRSI, (UK).
8. ANANTA S/O GANESH PATAGAR,
AGE: 23 YEARS ,OCC: PRIVATE WORK,
R/O: PUTTANMANE,SIRSI, (UK).
9. KAMALAKAR S/O SHRIDHAR NAIK,
AGE: 23 YEARS, OCC: PRIVATE WORK
R/O: MANIGADDE , SIRSI, (UK).
10. GANESH S/O NAGARAJ NAIK
AGE: 30 YEARS, OCC: PRIVATE WORK
R/O: MANIGADDE , SIRSI, (UK).
... PETITIONERS
(BY SRI.VENKATESH M KHARVI, ADV.)
AND
THE STATE OF KARNATAKA
BY SIRSI NEW MARKET P.S.
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD AND ANOTHER.
... RESPONDENT
(BY SRI.ANAND K.NAVALAGIMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.
SEEKING TO ENLARGE THE PETITIONERS ON ANTICIPATORY
BAIL IN SIRSI NEW MARKET POLICE STATION CRIME
NO.186/2017 U/S 143, 148, 427 R/W 149 OF IPC IN THE EVENT
OF THEIR ARREST.
THIS CRIMINAL PETITION IS COMING ON FOR
ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel for the petitioners and learned HCGP for respondent No.1-State.
Perused the records.
The petitioners are arrayed as accused Nos.1 to 10 in Crime No.186/2017 by respondent-Police for the offence punishable under Sections 143, 148, 427 r/w Section 149 IPC and also under Section 2 of Prevention of Destruction and Loss of Property Act, 1981.
2. The complaint was lodged by one Abdul Lathif Imamsab S/o Khasim Syed of Sirsi. It is seen from the record that, earlier a complaint was lodged by a KSRTC driver on 13.12.2017 making allegation that on 12.12.2017 lot number of people were gathered themselves and formed into an unlawful assembly and pelted stones to buses and other public property and caused damaged to the public properties. Therefore, on the basis of that, the Police have registered the case in :4: Crime No.186/2017 for the offence punishable under Sections 143, 148,427 r/w Sec.149 IPC and also under Section 2 of Prevention of Destruction and Loss of Property Act,1981 and the police are investigating the said case. In the mean time in connection with the same incident, some other persons also lodged a complaint against some unknown persons. The police have individually taken those complaints and registered independent cases likewise. Present Crime No.186/2017 has already registered by the Police is pending for investigation. It is well established principle of Law that in connection with one incident, if the Police have already registered a case on the similar allegations any further complaints had lodged, the Police shall not register any further cases. However, they have to continue the investigation by recording the statement of those witnesses under Section 161 of Cr.P.C. so that, Police can consolidate all the statements of witnesses in order to file a report in any one of the case i.e. first registered case. :5: There cannot be two FIR reports in respect of the same one incident which has been lost the sight of Police in connection with this case.
3. Moreover, the offences are not punishable either with death or imprisonment of life, no specific names of the accused persons are available in the FIR. Further lot number of people have alleged to have been participated in the crime.
4. Therefore, under the above said circumstances in Crl.P.No.100308 of 2018 considering the above said aspects similarly placed, accused persons already released on bail.
5. Under these circumstances, there is no legal impediment to enlarge the petitioners on bail in the present petition. Hence the following:
ORDER i. Petition is allowed.:6:
ii. Petitioners shall be released on bail in the event of their arrest in connection with Crime No.186/2017 for the offence punishable under Sections 143, 148, 427, r/w Sec.149 of IPC and Sec.2 of Prevention of Destruction and Loss of Property Act, 1981 subject to the following Conditions:
a. Petitioners shall appear before the Investigating Officer within ten days from the date of receipt of a copy of this order and execute their personal bonds for a sum of Rs.50,000/- each with one surety for the likesum to the satisfaction of the Investigating Officer.
b. Petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
c. Petitioners shall make themselves available to the Investigating Officer as and when required :7: for the purpose of investigation, interrogation, etc. d. Petitioners shall also mark their attendance once in 15 days on any Sunday between 10 a.m. and 5 p.m. till filing of the final report by the police.
e. Petitioners shall not leave the jurisdiction of Sirsi New Market Police Station, without prior permission of the Investigating Officer till filing of the final report.
SD/-
JUDGE Hmb