Karnataka High Court
Chetan vs The State Of Karnataka on 11 April, 2019
Author: K.Somashekar
Bench: K.Somashekar
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF APRIL 2019
BEFORE
THE HON'BLE MR. JUSTICE K.SOMASHEKAR
CRIMINAL PETITION NO.200389/2019
BETWEEN:
CHETAN
S/O CHANDRAKANTH HAIBATI
AGE: 23 YEARS, OCC: PLUMBER
R/O VIDYA NAGAR
KALABURAGI - 585 102
... PETITIONER
(BY SRI SYED TALHA HASHMI, ADVOCATE)
AND:
THE STATE OF KARNATAKA THROUGH
GULBARGA RURAL POLICE STATION, KALABURAGI
NOW REPRESENTED BY THE
ADDITIONAL STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 105
... RESPONDENT
(BY SRI MALLIKARJUN SAHUKAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
439 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN CRIME NO.342/2017 OF GULBARA RURAL
POLICE STATION FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 353, 354, 332, 333, 307 R/W SECTION
34 OF IPC AND SECTION 3 OF PREVENTION OF DAMAGE
2
TO PUBLIC PROPERTIES ACT AND ALSO SECTION 25 OF
INDIAN ARMS ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused No.2 under Section 439 of Cr.P.C., seeking to grant regular bail in S.C.No.297/2018 arising out of Crime No.342/2017 of Gulbarga Rural Police Station, for the alleged offences punishable under Sections 353, 354, 332, 333, 307 R/w Section 34 of IPC, besides Section 3 of Prevention of Damage to Public Properties Act and also Section 25 of the Indian Arms Act.
2. Factual matrix of the petition are as under:
It transpires from the complaint that the complainant is working as a PSI of Raghavendra Nagar Police Station in Kalaburagi. According to her, she has been deputed along with Police Inspector of Ashok Nagar Police Station to arrest the accused in Crime No.181/2017 of Ashok Nagar Police Station. 3 Accordingly, on 08.10.2017 around 4.00 a.m. in the wee hours, the complainant had received a credible information about the concealment of the petitioner along with another accused namely, Doog Shivya @ Shivakumar at Ashraya Colony, near Ring Road, Dabarabad, Kalaburagi. Therefore, the complainant as well as her staff members in a team were searching for the concealed accused. When their jeep came near Railway track at about 7.00 a.m., at that time, the co-accused Shivakumar came out of his house and threw the chopper towards the jeep, thereby the glass of the said jeep was broken and caused injury on the left hand of the complainant. Immediately, the complainant alighted from the jeep and directed/warned the said accused to surrender before her, as he is required in Crime No.181/2017 of Ashok Nagar Police Station. But the said accused Shivakumar did not heed the directions of the complainant and started to run away from the spot. Therefore, the complainant by her 4 service pistol fired on the air once and thereafter fired towards the accused on his left leg twice. Thereby, the accused has been arrested by the team. Subsequently, the complainant made efforts to apprehend the petitioner. At that time, he came from his house and threw the long (talwar) towards the police constable viz., Pralhad Kulkarni, who had also been deputed in that team. Due to which, he sustained grievous injuries and thereafter the petitioner made an attempt to run away from the spot. At that time, the Police Inspector of Ashok Nagar Police Station directed/warned him to surrender before the police, but the petitioner did not give heed to his request. Therefore, the Police Inspector of Ashok Nagar Police Station, Kalaburagi fired towards him from his service pistol, which came into contact of the left leg of the petitioner. Thereby, the team lead by the PSI had arrested the petitioner. Subsequently, by securing the 108 Ambulance, shifted the petitioner to Basaveshwar Hospital for treatment. The complainant 5 alleged that during discharge of their duties as being the Government servants, the petitioner has caused obstruction to discharge their lawful duties. Therefore, the complainant has lodged a complainant against the petitioner and another accused and based on the said complaint, a case in Crime No.342/2017 came to be registered and thereafter the Investigating Officer has investigated the case and laid the charge sheet against the accused in S.C.No.297/2018 for the aforesaid offences.
3. Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
4. Learned counsel for the petitioner during the course of his arguments has contended that the petitioner is an innocent person and he has not at all committed the alleged offence. Despite of it, the theory as narrated in the complaint and also in the charge 6 sheet laid by the Investigating Officer has been set up by the police to lug the petitioner in this alleged crime. The allegation made against the petitioner is that, the petitioner, who is arraigned as accused No.2 has assaulted the Police Constable said to be a member of the team lead by the PSI by throwing a long (talwar) towards him. But, there is no specific material secured by the Investigating Officer during the course of investigation against the accused. The petitioner is in judicial custody since from the date of his arrest. It is further contended that the petitioner was shot with bullets on his left leg, due to which he suffered grievous injuries and requires medical treatment. This fact is required to be considered apart from considering the other grounds as urged in the petition. Further, it is contended that the petitioner has already been released on bail in Crime No.181/2017 of Ashok Nagar Police Station. Therefore, the grounds urged in this petition be considered to grant the bail to the petitioner. The 7 petitioner is ready to abide by any conditions to be imposed by this court while granting bail to him. Lastly, the learned counsel submits that the Investigating Officer has already investigated the case and laid the charge sheet against the accused. Therefore, the petitioner does not require to the Investigating Agency in further. If the petitioner is kept behind the bar for a longer period, due to the injuries sustained by him due to the bullet shot, it would impact on his health. On these grounds, the learned counsel for the petitioner prays for enlarging the petitioner on bail.
5. On the other hand, learned High Court Government Pleader for the respondent-State has taken me through the averments made in the complaint in Crime No.342/2017 and contended that this petitioner has threw the long (talwar) towards the team lead by the PSI of Raghavendra Nagar Police Station and also made 8 an attempt to take away the life of the Police Constable by throwing the long towards him and also caused obstruction in discharging their lawful duties and also caused damage to the public property i.e., the jeep which was lead by the PSI along with staff members in order to arrest the accused. It is further contended that the petitioner is a rowdy sheeter and he is also involved in Crime No.181/2017 of Ashok Nagar Police Station. These are all the materials available in the complaint and also in the charge sheet laid by the Investigating Officer against the accused in S.C.No.297/2018 relating to the case in Crime No.342/2017. It is further contended that during the course of investigation, the Investigating Officer has recorded the statement of the witnesses and also conducted the spot mahazar in the presence of the panch witnesses. That itself indicates that, the petitioner is involved in the alleged offence and there are prima facie materials against him. Therefore, if the petitioner is released on bail, certainly, he would 9 come in the way of prosecution case and would destroy the evidence. Moreover, this case has been registered for the offence punishable under Section 3 of Prevention of Damage to Public Property Act and also Section 25 of the Indian Arms Act. Therefore, if the petitioner is released on bail, certainly, there shall be an adverse impact on the society. On these grounds, the learned High Court Government Pleader is seeking for dismissal of the bail petition.
6. Having regard to the strenuous contentions taken by the learned counsel for the petitioner and the learned High Court Government Pleader relating to Crime No.342/2017 are concerned, it is relevant to state that the petitioner, who is arraigned as accused No.2 in this crime is also involved in Crime Nos.162/2016, 46/2017, 82/2017, 55/2017 and 181/2017 and 48/2017 and he is a rowdy sheeter. The PSI of Raghavendra Nagar Police Station, Kalaburagi has 10 formed a team consisting of her staff members and has been deputed with the team for the purpose of apprehending the petitioner, who is also an accused in Crime No.181/2017 of Ashok Nagar Police Station. Accordingly, on 08.10.2017 at about 4.00 a.m. in the wee hours the complainant had received a credible information about the concealment of the petitioner along with another accused namely Doog Shivya @ Shivakumar at Ashraya Colony, near Ring Road, Dabarabad, Kalaburagi. When the complainant and her staff members were searching for the accused, who has concealed therein and when their jeep came near the Railway track around 7.00 a.m., the co-accused Shivakumar came out of his house and threw a chopper (machchu) towards the jeep, thereby the glass of the jeep has broken and caused injury on the left hand of the complainant, who lead the team. Immediately, the complainant-PSI alighted from the jeep and directed/warned the said accused to surrender before 11 her, as he is required in Crime No.181/2017 of Ashok Nagar Police Station. But, the said Shivakumar did not heed the directions of the PSI and he made an attempt to take heel from the scene of crime. Therefore, the complainant by her service pistol fired on the air once and thereafter fired on the accused on his left leg twice., As a result of the same, the team lead by the PSI had apprehended the said accused. Thereafter, the complainant made efforts to arrest the petitioner. At that time, he came from his house and threw the long (talwar) towards the police constable viz., Pralhad Kulkarni, due to which he sustained grievous injuries and the petitioner tried to take heel from the spot. At that time, the Police Inspector of Ashok Nagar Police Station directed/warned him to surrender before the police, but the petitioner did not give heed to his request. Therefore, the Police Inspector of Ashok Nagar Police Station had fired from his service pistol towards the petitioner, which came into contact of his left leg. 12 Subsequently, the said accused has been apprehended by the PSI. Thereafter, the accused being the injured has been shifted in 108 Ambulance to Basaveshwar Hospital for treatment. However, the Investigating Officer has investigated the case and laid the charge sheet against the accused in S.C.No.297/2017. The petitioner has not only made an attempt to take away the life of the police constable, but also caused damage to the police jeep and also used the arms. The same has been reflected in the materials secured by the Investigating Officer during the course of investigation. Therefore, it is said that the materials secured by the Investigating Officer during the course of investigation relating to the case in Crime No.342/2017 are enough materials to lay the charge sheet against the accused. Having regard to the involvement of the petitioner regarding the attempt to take away the life of the police constable is concerned, it is said that if the petitioner is released on bail, certainly, he would come in the way of 13 prosecution case and he would also involve in other offences, as he is a rowdy sheeter.
7. Therefore, for the aforesaid reasons as well as under the facts and circumstances of the case, I am of the considered opinion that the petitioner is not deserving for bail. Accordingly, I proceed to pass the following:
ORDER The bail petition filed by the petitioner/accused No.2 under Section 439 of Cr.P.C. is hereby rejected.
SD/-
JUDGE LG