Karnataka High Court
Sri. Rafeeq. P.K. vs State By Bellanduru Police Station on 10 April, 2018
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 10TH DAY OF APRIL, 2018
BEFORE
THE HON'BLE MR.JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO. 1995/2018
BETWEEN
1. SRI. RAFEEQ. P.K.
S/O ABOOBACKER HAJI
AGED ABOUT 44 YEARS
RESIDING AT NO 1919 ,
21st A MAIN ROAD,
14th A CROSS, SECTOR 1, HSR LAYOUT,
BENGALURU - 560102
2. SRI KUNCH AMMED @ ONDATH KUNHAMMAD
S/O ABDULLA, AGED ABOUT 68 YEARS
R/AT ONDATH HOUSE,
PUTHUR P. O, VIA PANOOR,
KERALA- 691507
... PETITIONERS
(BY SRI. Y. R. SADASHIVA REDDY., SENIOR ADV FOR SRI.
RAHUL S. REDDY., ADV)
AND
STATE BY BELLANDURU POLICE STATION,
REP BY S. P. P.
HIGH COURT OF K1ARNATAKA,
BENGALURU - 560001
... RESPONDENT
(BY SRI. K. NAGESHWARAPPA., HCGP)
2
THIS CRIMINAL PETITION IS FILED U/S. 438 CR.P.C
PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE
EVENT OF THEIR ARREST IN CRIME NO.52/2018 OF
BELLANDURU POLICE STATION, BENGALURU CITY FOR
THE OFFENCE P/U/S 304,338 R/W 34 OF IPC
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:
ORDER
This is a Petition filed u/s.438 of Cr.P.C. The petitioners are accused Nos.3 & 4 respectively in Crime No.52/2018, the respondent Police have registered a case against these petitioners and other accused for the offence punishable under sections 304 and 338 read with Section 34 of IPC, in connection with collapse of a building situated opposite to Lakasa Hotel, Kasavanahalli Road, Bengaluru of Mahadevapura Ward of BBMP.
2. Heard the petitioners' counsel and the learned High Court Government Pleader.
3. This court has already granted bail to some of the accused persons who are the Engineers of BBMP. So far as these petitioners are concerned, it is stated that second petitioner is the owner of the building. First petitioner is 3 the son-in-law of the second petitioner. The complaint discloses that the construction work had been entrusted to the Contractor by name Krishna Kanth Reddy @ Srikanth Reddy. The second petitioner is said to be the resident of Puthur P.O., Via Panoor, Kerala State. The first petitioner is said to be running a departmental store at HSR Layout, Bengaluru. The actual involvement of these petitioners in the collapse of a building is a matter to be investigated by the Police. But, at this stage, I do not find any prima facie material.
4. It is also pertinent to mention that the remand application also shows the implication of daughter of second petitioner. Under these circumstances, it may be stated that almost all the members of the family of the specifically have been implicated. The discretion of Section 438 of Cr.P.C. can be exercised to meet the situation like this. Hence, I pass the following:
ORDER The petition is allowed. The Petitioners shall be released on bail in connection with Crime No.52/2018 of 4 Bellanduru Police Station for the offence punishable under sections 304, 338 read with Section 34 of IPC., on obtaining from them a bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the trial Judge subject to the following conditions:
(1) They shall regularly appear before the Trial Court during trial.
(2) They shall not threaten the witnesses and tamper with the prosecution evidence.
Sd/-
JUDGE PL*