Karnataka High Court
Manjunath S/O Basappa Tirakannanavar vs The State Of Karnataka on 8 November, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
CRL.P No. 103198 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF NOVEMBER 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 103198 OF 2022
BETWEEN:
MANJUNATH,
S/O BASAPPA TIRAKANNANAVAR
AGE. 34 YEARS, OCC. SERVICE,
R/O. ANAGADI,
NOW AT SHIVABASAVA NAGAR,
HAVERI, TQ. AND DIST. HAVERI-581110
...PETITIONER
(BY SRI. VIDYASHANKAR G DALWAI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
BY ITS P.S.I., WOMEN P.S., HAVERI,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING, DHARWAD
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
SEEKING TO ORDER DIRECTING THE WOMAN POLICE STATION,
HAVERI TO RELEASE THE PETITIONER/ACCUSED ON BAIL IN THE
EVENT OF HIS ARREST IN CRIME NO.71/2022 OF WOMEN POLICE
STATION, HAVERI FOR OFFENCES PUNISHABLE U/S 323, 354,
307 AND 504 OF IPC, PENDING ON THE FILE OF COURT OF
PRINCIPAL CIVIL JUDGE (SR.DN) AND CJM COURT, HAVERI
DISTRICT, HAVERI.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
-2-
CRL.P No. 103198 of 2022
ORDER
This petition is filed by the sole accused under Section 438 of The Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.71/2022 of Women Police Station, Haveri, registered for the offences punishable under Sections 323, 354, 307 and 504 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity).
2. The case of the prosecution is that, one Smt.Basavannavva, wife of Nagappa Tirakannavar, has filed the complaint stating that on 07.10.2022 at 8:30am while she was passing near railway bridge at Nagendranamatti in Haveri by taking the vegetables for selling in the market, at that time, the petitioner/accused who is her husband's brother's son, with an intention to kill her, drove his motorcycle rashly and dashed to her from backside and as such she fell down. He abused her in filthy -3- CRL.P No. 103198 of 2022 language, pulled her hair, dragged her saree, kicked with legs, assaulted with hands on her waist, chest, thighs and caused internal injuries. On seeing the public at that place, he went away on his bike. Thereafter, the complainant who was unable to walk called her son over phone and he came on his motorbike. She went to the District Hospital, Haveri She filed a complaint when she was admitted in the District Hospital, Haveri and it came to be registered in Crime No.71/2022 of Haveri Women Police Station for the offences punishable under Sections 307, 354, 323 and 504 of IPC. The petitioner apprehending his arrest has filed Criminal Miscellaneous No.763/2022 seeking anticipatory bail and the same came to be rejected by the learned I Additional District and Session Judge, Haveri by order dated 19.10.2022. Therefore, the petitioner is before this Court seeking anticipatory bail.
3. Heard the arguments of the learned counsel appearing for the petitioner and the learned -4- CRL.P No. 103198 of 2022 High Court Government Pleader for the respondent- State.
4. The learned counsel for the petitioner would contend that there are civil disputes between this petitioner's family and the complainant's family with regard to the property. It is his further submission that the injured complainant has been discharged from the hospital on 17.10.2022 and there is no danger to her life. The petitioner is in service in the Railway Department and if he is arrested and detained in prison, he will lose his job. The petitioner is ready to co-operate with the police in the investigation. There is no allegation of assault by this petitioner with any weapon. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that investigation is in progress. The averments of the complaint clearly shows the overt act of this petitioner by dashing his -5- CRL.P No. 103198 of 2022 vehicle to the complainant, causing injuries, assaulting her, outraging her modesty and threatening her. It is his further submission that the injured was admitted for 10 days in the Government Hospital. The statement of the victim has been recorded under Section 164 of Cr.P.C. If the petitioner is granted anticipatory bail there are chances of he hampering the investigation and tampering the prosecution witnesses. With this, he prayed to reject the petition.
6. Having regard to the submission made by the learned counsel for the petitioner and the learned High Court Government Pleader, this Court has gone through the averments of the complaint, FIR and the order passed by the Sessions Court.
7. The petitioner is the son of the husband's brother of the complainant. As per the submission of the learned counsel for the petitioner, there are civil disputes in respect of the property between the -6- CRL.P No. 103198 of 2022 petitioner's father and the complainant's husband. But there is no mention of the same either in the complaint or in the statement of the complainant/injured recorded under Section 164 Cr.P.C. The injured has been discharged from the hospital on 17.10.2022 i.e. after 10 days of her admission to the hospital. The wound certificate is not made available to ascertain what is the nature of the injuries sustained by the injured. The petitioner is an employee in the Railway Department and if he is arrested and detained in prison, he will lose his job. The petitioner has undertaken to co-operate with the police in the investigation and to abide by the conditions to be imposed by this Court.
8. The main apprehension of the prosecution is that if the petitioner is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses, can be met with by imposing stringent conditions.
-7-CRL.P No. 103198 of 2022
9. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting anticipatory bail subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 438 of Cr.P.C. is allowed. Consequently, the petitioner/accused is ordered to be released on bail in the event of his arrest in Crime No.71/2022 of Women Police Station, Haveri, subject to the following conditions:
i. The petitioner/accused shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the likesum to the satisfaction of the Investigating Officer.-8- CRL.P No. 103198 of 2022
ii. The petitioner/accused shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute bail bond and furnish surety.
iii. The petitioner/accused shall remain present before the Police Station concerned on every Sunday between 10:00am to 6:00pm and mark his
presence for a period of six months.
iv. The petitioner/accused shall co-operate in the investigation and make himself available for interrogation whenever required.
v. The petitioner/accused shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.-9- CRL.P No. 103198 of 2022
vi. The petitioner/accused shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
Sd/-
JUDGE kmv