Karnataka High Court
Sri B.Ramaiah vs State Of Karnataka By on 16 October, 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.5239 OF 2020
BETWEEN:
1. Sri. B.Ramaiah
S/o. Sri Bettaiah
Aged about 58 years
R/at No.78, 3rd Main
Sri Manjunatha Nilaya
Sanjivinagar, Moodalapalya
Bengaluru - 560 072.
2. Sri. B.R.Tejas Gowda
S/o. Sri B. Ramaiah
Aged about 30 years
R/at No.78, 3rd Main
Sri Manjunatha Nilaya
Sanjivinagar, Moodalapalya
Bengaluru - 560 072.
... Petitioners
(By Sri. Partha M., Advocate)
AND:
State of Karnataka by
Chandra Layout P.S.
Bengaluru - 560 001
Represented by HCGP
Bengaluru - 560 001. ... Respondent
(By Sri. Mahesh Shetty, HCGP)
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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.208/2020 of Chandra Layout
P.S., Bengaluru for the offences punishable under Sections
506, 504, 143, 149, 147, 145, 447, 454, 323, 451 and 380 of
IPC.
This Criminal Petition coming on for Orders through
video conference this day, the Court made the following:
ORDER
The present petition has been filed by petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C., to release them on anticipatory bail in Crime No.208/2020 of Chandralayout police station (pending on the file of VIII Additional CMM Court, Bengaluru) for the offences punishable under Sections 506, 504, 143, 149, 147, 145, 447, 454, 323, 451, 380 of IPC.
2. I have heard Sri. Partha M., learned counsel for petitioners/accused Nos.1 and 2 virtually and Sri. Mahesh Shetty, learned HCGP for the respondent - State.
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3. The gist of the complaint is that the complainant is running Jai Hanuman Tours and Travels. On 09.09.2020 at about 6.00 a.m., petitioners/accused Nos.1 and 2 along with his 25 followers came and broke open the lock of his office and by trespassing into his office, they have damaged the articles in the office and they have also taken away Rs.2 lakhs, LED TV, computers and CCTVs. When the complainant went to ask them, they have assaulted to his hands, they pulled him and abused him with filthy language. On the basis of the complaint, a case has been registered.
4. It is the submission the learned counsel for petitioners/accused Nos.1 and 2 that petitioners/accused Nos.1 and 2 are innocent and they have not committed any offence as alleged and a false case has been registered. It is his further submission that the alleged offences are not punishable with death -4- or imprisonment for life. The civil disputes for specific performance was pending and the said suit has been decreed in favour of petitioners/accused Nos.1 and 2 and the complainant preferred RSA before this Court in 1884/2011 and because of a false complaint, case has been registered. He further submits that petitioners/accused Nos.1 and 2 are ready to abide by any of the conditions that may be imposed by this Court and they are ready to offer the sureties. On these grounds, he prays to allow the petition and to release petitioners/accused Nos.1 and 2 on bail.
5. The petition is strongly opposed by the learned HCGP.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records. -5-
7. On close reading of the contents of the complaint, it appears that civil disputes are pending between the parties and the alleged offences are not punishable with death or imprisonment for life. I am of the considered opinion that by imposing some stringent conditions, if petitioners/accused Nos.1 and 2 are ordered to be enlarged on bail, it is going to meet the ends of justice. In that light, the petition is allowed.
8. petitioners/accused Nos.1 and 2 are ordered to be released on anticipatory bail in the event of their arrest in Crime No.208/2020 of Chandralayout police station (pending on the file of VIII Additional CMM Court, Bengaluru) for the offences punishable under Sections 506, 504, 143, 149, 147, 145, 447, 454, 323, 451, 380 of IPC, subject to the following conditions:
i. Petitioners/accused Nos.1 and 2 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two sureties for the likesum to -6- the satisfaction of the Investigating Officer.
ii. They shall surrender before the Investigating Officer within 20 days from today, failing which this order automatically stands cancelled.
iii. They shall not tamper with the
prosecution witnesses directly or
indirectly.
iv. They shall appear before the Investigating
Officer as and when required and
co-operate for investigation.
v. They shall mark their attendance before
the Investigating Officer once in 15 days in between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
vi. They shall not leave the jurisdiction of the Court without prior permission.
Sd/-
JUDGE SJK