Karnataka High Court
Ranjith R vs The State on 27 May, 2022
Author: H.P. Sandesh
Bench: H.P. Sandesh
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MAY, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
CRIMINAL PETITION NO.3238/2022
BETWEEN:
1. RANJITH R.,
S/O LATE RAJANNA
AGED ABOUT 26 YEARS
R/AT NO.1, KONDASHETTY HALLI
HESARAGATTA HOBLI, SHIVAKOTE
BENGALURU - 560 089
2. RAVI R S/O LATE RAJANNA
AGED ABOUT 38 YEARS
KONDASHETTY HALLI
HESARAGATTA HOBLI
SHIVAKOTE
BENGALURU - 560 089
3. RAGHU R S/O LATE RAJANNA
AGED ABOUT 41 YEARS
R/AT NO.34, KONDASHETTY HALLI
HESARAGATTA HOBLI, SHIVAKOTE
BENGALURU - 560 089. ... PETITIONERS
(BY SRI M.S.MANJUNATHA, ADVOCATE)
AND:
THE STATE
BY PEENYA POLICE STATION
BENGALURU
2
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560 001. ... RESPONDENT
(BY SRI MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
THE EVENT OF THEIR ARREST IN CR.NO.84/2022 OF PEENYA
P.S., BENGALURU CITY FOR THE OFFENCES P/U/Ss.323, 324,
354, 506, 504 R/W. SECTION 149 OF IPC PENDING ON THE FILE
OF 31ST ACMM, BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioners/accused Nos.2 to 4 on bail in the event of their arrest in respect of Crime No.84/2022 registered by Peenya Police Station, Bengaluru City, for the offences punishable under Sections 323, 324, 354, 506, 504 read with Section 149 of IPC.
2. Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent - State.
3
3. The factual matrix of the case of the prosecution is that these petitioners have indulged in committing an offence of outraging the modesty of a woman, caused the life threat and abused her in a filthy language and also assaulted with their hands and kicked her. Hence, a case has been registered.
4. The learned counsel appearing for the petitioners would submit that a false allegation is made and no such incident was taken place. The offences are not punishable with death or imprisonment for life.
5. Per contra, learned High Court Government Pleader appearing for the respondent - State would submit that the specific allegation is made with regard to outraging the modesty of a woman and caused the life threat and also abused her in a filthy language.
6. Having heard the submissions of the learned counsel appearing for the petitioner as well as the learned High Court Government Pleader appearing for the State and on perusal of the material available on record and also taking into note of the 4 contents of the complaint, the offences are not punishable with death or imprisonment for life and an allegation is that the petitioners assaulted with their hands and also kicked her and also not referred the weapon but reference was made in the complaint that some weapon was used but not specified the weapon. Hence, it is a fit case to exercise the discretion under Section 438 of Cr.P.C., in favour of the petitioners herein, subject to the condition that they have to appear before the Investigating Officer to assist him for investigation.
7. In view of the discussions made above, I pass the following:
ORDER The petition is allowed. Consequently, the petitioners/accused Nos.2 to 4 shall be released on bail in the event of their arrest in connection with Crime No.84/2022 registered by Peenya Police Station, Bengaluru City, for the offences punishable under Sections 323, 324, 354, 506, 504 read with Section 149 of IPC, subject to the following conditions:-5
(i) The petitioners shall surrender themselves before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) each with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer.
(ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation and they shall appear before the Investigating Officer, as and when called for.
(iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission till the charge sheet is filed or for a period of three months, whichever is earlier.
(v) The petitioners shall mark their attendance once in a month i.e., on 30th of every month between 10:00 am and 5:00 pm., before the Investigating Officer for a period of three 6 months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE cp*