Karnataka High Court
Sri. R. Narayanaswamy vs The State Of Karnataka on 14 December, 2021
Author: K.Natarajan
Bench: K.Natarajan
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.8725/2021
BETWEEN
1 . SRI. R. NARAYANASWAMY
S/O LATE RANGAPPA
AGED 66 YEARS
2 . SRI D N RAJESH
S/O NARAYANASWAMY
AGED 30 YEARS
3 . SRI D N DILIP
S/O NARAYANASWAMY
AGED 28 YEARS
4 . SRI RAKESH
S/O LAKSHIKANTHA
AGED 33 YEARS
ALL ARE RESIDING AT
KATARIPALYA MAIN ROAD,
KOLAR CITY - 563 101
...PETITIONERS
(BY SRI. C.H. HANUMANTHARAYA, ADVOCATE
ALONG WITH SRI. K.B.K. SWAMY, ADVOCATE)
AND
THE STATE OF KARNATAKA
BY THE TOWN POLICE STATION
KOLAR
REPRESENTED BY
STATE PUBLIC PROSECUTOR
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HIGH COURT BUILDING
HIGH COURT OF KARNATAKA
BENGALURU - 560 001. ...RESPONDENT
(BY SMT. RASHMI JADHAV, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR
ARREST IN CR.NO.142/2021 OF KOLAR TOWN P.S., KOLAR FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 327,
504, 506, 307 READ WITH SECTION 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners-accused Nos.1 to 4 under Section 438 of Cr.P.C. seeking anticipatory bail in Crime No.142/2021 registered by Kolar Town Police Station, Kolar for the offences punishable under Sections 506, 504, 307, 323, 324 and 327 read with Section 34 of Indian Penal Code, 1860.
2. Heard learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.
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3. The case of the prosecution is that the respondent police recorded a statement of one Balasubramani K in the hospital on 18.10.2021 between 1.50 p.m. and 2.30 p.m. and registered a case against the accused persons. It is alleged in the complaint that on 18.10.2021, when the complainant was proceeding on his motor cycle along with one Amarnath bin Jayadev at 12.30 p.m., accused Nos.1 to 3 said to have come on the motor cycle and obstructed the motor cycle of the complainant. Accused No.1 was holding club, accused No.2 was holding long and accused No.3 was holding stone. They picked up quarrel stating that they will kill the complainant and thereafter, they assaulted with stone, long and club and caused injuries to the complainant and Amarnath. Thereafter, the injured were shifted to hospital by Suresh and others. Accused No.4 also assaulted the driver of the ambulance. After getting information, the police went to hospital and recorded the statement of the injured and registered the case. Thereafter, the Police made hectic effort to arrest the petitioners. They moved the bail 4 petition before learned Sessions Judge which came to be rejected. Hence, they are before this Court.
4. Learned counsel for the petitioners submitted and has filed the documents stating that a case and counter case has been registered against both parties and accused No.1-petitioner No.1, when he was in the hospital, gave a statement before the police and the police obtained the said statement and registered a case on 19.10.2021 in crime No.144/2021 for the offences punishable under Sections 143, 147, 148, 323, 324, 341, 504, 506 read with Section 149 of IPC. In the said case, the accused persons have surrendered and obtained bail from the Magistrate. There was an earlier case in Crime No.82/2021 registered on the complaint filed by the petitioners-accused persons against the complainant. Petitioner No.1-accused No.1 in the present case is still taking treatment in Jalappa hospital, Kolar and therefore, prayed for allowing the petition.
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5. Learned High Court Government Pleader has seriously opposed the petition.
6. Having heard the learned counsel for the parties and perusing the records, it reveals that petitioner No.1, who is accused No.1 in the present case and who is also a complainant in crime No.144/2021 is still under treatment in Jalappa Hospital, Kolar. Further, in the said complaint, major offence under Section 324 of IPC was registered by the police and all the accused persons in the said crime No.144/2021 surrendered before the Magistrate and obtained bail on 30.10.2021. The accused petitioner No.1 who is the complainant in the counter case is still under treatment. Such being the case, I am of the view that without expressing any opinion on the merits of the case, by imposing certain conditions, if the petitioners are released on bail, no prejudice would be caused to the case of prosecution. Hence, the following:
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ORDER The Criminal Petition is allowed. The respondent - Police are directed to release the petitioner-accused Nos.1 to 4 on bail in the event of their arrest in Crime No.142/2021 registered by Kolar Town Police Station, Kolar for the offences punishable under Sections 506, 504, 307, 323, 324 and 327 read with Section 34 of Indian Penal Code, 1860, subject to the following conditions:
(i) Petitioners shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the Investigating Officer;
(ii) Petitioners shall surrender within 15 days from the date of receipt of certified copy of this order;
(iii) Petitioners shall be deemed to be in custody for the purpose of recovery under Section 27 of the Indian Evidence Act.
(iv) Petitioners shall appear before the Investigating Officer as and when called for the purpose of investigation.7
If any of the bail conditions is violated, the prosecution is at liberty to file an application for cancellation of bail.
Sd/-
JUDGE Cs