Rajkumar S/O Sripad Rao Patil, vs The State Of Karnataka, on 27 April, 2015

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Karnataka High Court

Rajkumar S/O Sripad Rao Patil, vs The State Of Karnataka, on 27 April, 2015

Bench: G. Narendar

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       IN THE HIGH COURT OF KARNATAKA
               DHARWAD BENCH

      DATED THIS THE 27TH DAY OF APRIL, 2015

                       BEFORE

      THE HON'BLE MR. JUSTICE G. NARENDAR

         CRIMINAL PETITION No.100501/2015

BETWEEN

RAJKUMAR S/O SRIPAD RAO PATIL,
AGE:42 YEARS, OCC:DRIVER CUM CONDUCTOR,
R/O:BAIREDEVARAKOPPA,
TQ: HUBLI, DIST: DHARWAD.
                                    ..... PETITIONER

(BY SRI P S TIGADIKAR, ADV.)


AND

THE STATE OF KARNATAKA,
R/BY: S.P.P. HIGH COURT OF KARNATAKA,
BENCH AT: DHARWAD.

                                    ..... RESPONDENT

(BY SRI K.S. PATIL, HIGH COURT GOVERNMENT PLEADER)

      THIS CRIMINAL PETITION IS FILED U/S 438 OF
CR.P.C. SEEKING TO ENLARGE THE PETITIONER ON
ANTICIPATORY BAIL IN KOPPAL TOWN POLICE STATION
CRIME NO.21/2015 FOR THE OFFENCES PUNISHABLE U/S
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506, 504, 333 OF IPC 1860 BEFORE THE PRL. CIVIL JUDGE
(SR.DN.) & CJM COURT, KOPPAL.

     THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

                           ORDER

This petition is filed under Section 438 of Cr.P.C. seeking anticipatory bail in Crime No.21/2015 of Koppal Town Police Station for the offences punishable under Sections 506, 504 and 333 of IPC.

2. The petitioner is said to be a driver-cum-conductor of the K.S.R.T.C. attached to Koppal Depot. It is alleged that on 26.01.2015, the petitioner assaulted the Divisional Controller with the cement brick while he was talking with the conductor of the Bangalore sleeper bus. On account of the assault, complainant fell down. The petitioner thereafter showered abuses in filthy language. It is alleged that the conductor of the sleeper bus and others had tried to catch the accused but he escaped from their clutches.

3. Learned H.C.G.P. was directed to ascertain as to the nature of injuries and as to whether the complainant is still undergoing hospitalisation. Today, learned H.C.G.P. submits that complainant has been treated as out patient and he was not hospitalised. He would submit that the injuries suffered by the complainant are simple.

4. The petitioner's counsel submits that the petitioner is an employee with the statutory body and the complaint is false. He would submit that the petitioner had sought leave for a week but the complainant out of ill will had sanctioned only three days' leave. On account of which, arguments ensued between them and the complainant slipped and fell down and suffered injuries and not out of any overt act of the petitioner. He would submit that if the petitioner is arrested, it would entail in severe consequences and may also lead to his dismissal from the service. In that view of the matter, he prays that the petition be allowed. 4

5. In the above circumstances, this Court is of the considered opinion that the petitioner is entitled for the relief prayed for. Accordingly, petition is allowed.

(i) Petitioner is directed to be enlarged on bail in the event of arrest by the respondent/Koppal Town Police Station in Crime No.21/2015 registered for the offence punishable under Section 506, 504 and 333 of IPC subject to the petitioner executing a bond for a sum of Rs.25,000/- and furnishing two sureties for the likesum.

(ii) Petitioner shall not interfere or approach the complainant in any manner whatsoever.

(iii) Petitioner shall cooperate with the respondent/Police as and when summoned by way of notice.

Ordered accordingly.

Sd/-

JUDGE Naa

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