Karnataka High Court
Praveen R vs The State Of Karnataka on 22 October, 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2018
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.6171/2018
BETWEEN:
1. Praveen.R
Aged about 27 years,
S/o. Jayalaxmi,
R/at 11/1n, Niluvase,
Tenkabailu,
Thirthahalli Taluk,
Shimoga District - 577 203.
2. Harry William Kairanna
Aged about 50 years,
S/o. Rathnakara Kirana,
R/at 5-205, Krapashraya Keerthi Colony,
Subhash Nagara Post,
Karkala Taluk,
Udupi District-576 201. ...Petitioners
(By Sri. H. Pavana Chandra Shetty, Advocate)
AND:
The State of Karnataka
The State - Through the Police Sub
Inspector, Surathkal Police Station
Mangaluru, D.K. District
Represented by the Learned Public
Prosecutor, D.K.Mangalore.
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Rep. by High Court SPP,
Bengaluru-01. ... Respondent
(By Sri. K.P. Yoganna, HCGP)
This Criminal Petition is filed under Section 438 of
Criminal Procedure Code praying to enlarge the
petitioners on bail in the event of their arrest in Crime
No.178/2018 of Surathkal Police Station, Mangalore
City for the offence punishable under Sections 279, 341,
323, 504, 506, 353 of IPC.
This Criminal Petition coming on for Orders, this
day, the Court made the following:
ORDER
The present petition has been filed by the petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.178/2018 of Surathkal Police Station for the offences punishable under Sections 279, 341, 323, 504, 506 and 353 of IPC.
2. I have heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent-State.
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3. Gist of the complaint is that the driver of KSRTC bus lodged a complaint alleging that on 23.06.2018, when he was driving KSRTC bus bearing Registration No.KA-35-F-381 from Mangalore to Sandur, at about 7.50 p.m., the driver of the bus bearing Registration No.KA-19-AB-2709 driven in a negligent manner parked his bus across the bus of the complainant and wrongfully restrained the complainant's bus from proceeding further and abused the conductor of the KSRTC bus in filthy language, fisted him over his face, gave them life threat and also assaulted the conductor of the bus who was in uniform by obstructing the driver and conductor from discharging their duties and thereby committed alleged offences. On the basis of the complaint, a case was registered.
4. It is the submission of the learned counsel for petitioners that the petitioners/accused Nos.1 and 2 -4- are innocent, they have not committed any offences as alleged against them and they have been falsely implicated in this case. Further, it is submitted that the alleged offences are triable by the Court of Magistrate and it is the complainant, who used the filthy language as against the petitioner/accused No.1. Further, it is submitted that the petitioner/accused No.1 has also sustained injuries due to the assault committed by the complainant. Though the complainant has assaulted the petitioner/accused No.1, a false case has been registered against the petitioners/accused Nos.1 and 2. Further he submitted that petitioners/accused Nos.1 and 2 are ready to co-operate with the investigation, abide by any conditions that may be imposed on them by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioners/accused Nos.1 and 2 on bail. -5-
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that still the investigation is pending and the material collected during the course of investigation reveals that there is prima-facie material to show that the petitioners/accused Nos.1 and 2 have obstructed Government officials, who were on duty and thereby, they have committed alleged offences. He further submitted that if the petitioners/accused Nos.1 and 2 are released on bail, they may abscond and may not be available for trial. Further, it is submitted that petitioners/accused Nos.1 and 2 are highly influential persons. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf. -6-
7. By going through the contents of the complaint and other materials, it indicates that due to some exchange of words, assault has taken place between the drivers of KSRTC bus and a private bus. Even the petitioner/accused No.1 has sustained injuries and was treated in Government hospital, Ajjarakadu of Udupi District. The alleged offences are not punishable with death or imprisonment for life and the said offences are triable by the Court of Magistrate.
8. Keeping in view the above facts and circumstances, I feel that there is some force in the arguments advanced by the learned counsel for petitioners.
10. Keeping in view the above facts and circumstances, petition is allowed and the petitioners/accused Nos.1 and 2 are enlarged on anticipatory bail in Crime No.178/2018 of Surathkal Police Station for the offences punishable under -7- Sections 279, 341, 323, 504, 506, 353 of IPC subject to the following conditions:
1. In the event of their arrest, the Investigating Agency is directed to enlarge them on bail on they being executing a personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh Only) each with two sureties each for the likesum to the satisfaction of the Investigating Officer.
2. They should surrender before the Investigation Agency within 15 days from today.
3. They shall not tamper with the prosecution evidence in any manner.
4. They shall mark their attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the concerned police station till the chargesheet is filed.
5. They should be regular in attending the Court.
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6. They shall not leave the jurisdiction of the Court without prior permission.
Sd/-
JUDGE VBS