Bangalore District Court
Sri.Gopal Shetty vs State Of Karnataka on 15 June, 2020
1
Crl.Misc.No.2757/2020
IN THE COURT OF THE LVI ADDL. CITY CIVIL &
SESSIONS JUDGE, BENGALURU (CCH 57)
:Present:
Sri. N. Sunil Kumar Singh, B.Com, LL.B.,
LVI Addl. City Civil & Sessions Judge,
Bengaluru.
Dated this the 15 th Day of June, 2020.
Crl.Misc.No.2757/2020
PETITIONERS 1. Sri.Gopal Shetty
S/o Govind Shetty,
Aged about 50 years.
2. Sri.Shiva Kumar
S/o Eshwar Ankalgi,
Aged about 26 years.
3. Sri.Pavan Kumar
S/o Dharmapal Singh,
Aged about 26 years,
All are working at
Hotel Udupi Grand,
No.20, Old No.1188/20,
26th "A" Main, 9th Block,
Jayanagar, Opp:Ragi Gudda Arch,
Bangalore-560069.
(Sri.Naveen Chandra Shetty,
Advocate)
V/s
RESPONDENT State of Karnataka
By: Thilaknagar Police Station,
Bengaluru.
(Rep. by: Public Prosecutor)
ORDER
This petition is filed under Section 438 of Cr.P.C. on behalf of the Petitioners praying to grant anticipatory 2 Crl.Misc.No.2757/2020 bail, in the event of their arrest in Crime No.37/2020 registered by the respondent police for the offence punishable under Sections 326, 341, 323, 504, 506(B) r/w Sec.34 of IPC on the file of II ACMM Court, Bangalore.
2. The brief averments of the petition is that, the respondent police have registered case in Crime No.37/2020 for the offence punishable under Sections 326, 341, 323, 504, 506(B) r/w Sec.34 of IPC against the petitioners and others on the complaint of one Rakesh on 16.03.2020. The 1st petitioner is the partner of Hotel Udupi Grand of Jayanagar, Bangalore and petitioners 2 and 3 are working with him. During February 2020 one Nikil has left the job of the petitioner and he was claiming salary of 20 days and later the said Nikil has not returned to receive the salary of 20 days. But the said Nikil and complainant came with four persons to the hotel of 1st petitioner and abusing with filthy language and assaulted him. Thus a complaint was lodged against 5 persons by 1st petitioner and police have registered case in crime No.36/2020 against said Nikil and other persons and later the complainant has lodged false complaint alleging that the petitioners have assaulted him caused injury due to which respondent police have registered the above said case in Crime No.37/2020 against the petitioners. Thus the petitioners apprehends their arrest by the respondent police.
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3. The petitioners are innocents and they have not committed any offences as claimed by the complainant. The petitioners have got permanent avocation and they are the residents of Bengaluru. The petitioners have apprehended that, respondent police will arrest them, without having any sufficient reasons. The petitioners are law biding citizens and have got no bad antecedents. If they are released on bail, they will appear before court regularly till conclusion of trial and also co- operate with investigation agency. Hence, prayed to allow the petition.
4. On the other hand, the Learned Public Prosecutor filed objections and the brief averments of the objection is that, the petition is not maintainable either in law or on facts. The incriminating materials collected by Investigation Officer discloses the involvement of petitioners in the alleged crime. If the bail is granted, the petitioners may abscond and it may cause delay in investigation and also the petitioners may tamper with the prosecution witnesses. Hence, prayed to reject the petition.
5. Heard arguments of both the sides.
6. The following points arise for my determination:-
1. Whether the petitioners are entitled for anticipatory bail as provided under Section 438 of Cr.P.C.?4
Crl.Misc.No.2757/2020
2. What order?
7. My findings on the above said points are as follows;
Point No.1 : In the Affirmative
Point No.2 : As per final order for the
following :-
R EAS O N S
8. Point No.1:- The brief averments of petition is that, the respondent police have registered case in Crime No.37/2020 for the offence punishable under Sections 326, 341, 323, 504, 506(B) r/w Sec.34 of IPC against the petitioners and others on the complaint of one Rakesh on 16.03.2020. The 1st petitioner is the partner of Hotel Udupi Grand of Jayanagar, Bangalore and petitioners 2 and 3 are working with him. During February 2020 one Nikil has left the job of the petitioner and he was claiming salary of 20 days and later the said Nikil has not returned to receive the salary of 20 days. But the said Nikil and complainant came with four persons to the hotel of 1st petitioner and abusing with filthy language and assaulted him. Thus a complaint was lodged against 5 persons by 1st petitioner and police have registered case in crime No.36/2020 against said Nikil and other persons and later the complainant has lodged false complaint alleging that the petitioners have assaulted him caused injury due to which respondent police have registered the above said case in Crime No.37/2020 against the 5 Crl.Misc.No.2757/2020 petitioners. Thus the petitioners apprehends their arrest by the respondent police.
9. The learned counsel for petitioners submitted that, petitioners are innocents and they have not committed any offences as claimed by the complainant. The petitioners have got permanent avocation and they are the residents of Bengaluru. The petitioners have apprehended that, respondent police will arrest them, without having any sufficient reasons. The petitioners are law biding citizens and have got no bad antecedents. If they are released on bail, they will appear before court regularly till conclusion of trial and also co-operate with investigation agency.
10. On perusal of records it discloses that, the petitioners are the residents of Bengaluru and they have got permanent avocation. The involvement of the petitioners has to be proved by the prosecution at the time of trial. Further the petitioners are not having any bad antecedents and they are not involved in any other offences and they are ready to abide by any conditions and to furnish surety. Considering all these aspects, I am of the view that there are reasonable and sufficient grounds to grant anticipatory bail to the petitioners. The offences alleged against the petitioners are triable by magistrate and not punishable with life or death imprisonment. But the apprehension of the prosecution may be root out by imposing stringent conditions on the 6 Crl.Misc.No.2757/2020 petitioners. As such, there are sufficient grounds which warrants this Court to enlarge the petitioners on anticipatory bail. Accordingly, I answer point No.1 in Affirmative.
11. Point No.2: In view of my findings on point No.1, I proceed to pass the following:
ORDER The petition filed by the petitioners under Section 438 of Cr.P.C., is hereby allowed.
The petitioners are ordered to be released on bail in the event of their arrest in Cr.No.37/2020 of respondent police, on executing personal-bond for Rs.50,000/- each with one surety for the like- sum on the following conditions:-
1) The petitioners shall appear before the jurisdictional Magistrate within 30 days from the date of this order and shall file regular bail application.
2) The petitioners shall co-operate with investigation agency.
3) The petitioners shall not tamper with the prosecution witnesses.
4) The petitioners shall not get themselves involved in any other criminal activities.
5) The petitioner shall produced the proof of their residential address before the trial court.
(Typed to my on line dictation by Stenographer, corrected, signed and then pronounced by me in the Open Court on this 15 th Day of June, 2020) (N.Sunil Kumar. Singh) LVI Addl.City Civil & Sessions Judge, Bengaluru.
7 Crl.Misc.No.2757/2020 Order pronounced in open Court (Vide separate order) ORDER The petition filed by the petitioners under Section 438 of Cr.P.C., is hereby allowed.
The petitioners are ordered to be released on bail in the event of their arrest in Cr.No.37/2020 of respondent police, on executing personal-bond for Rs.50,000/- each with one surety for the like-sum on the following conditions:-
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1) The petitioners shall appear before the jurisdictional Magistrate within 30 days from the date of this order and shall file regular bail application.
2) The petitioners shall co-operate with investigation agency.
3) The petitioners shall not tamper with the prosecution witnesses.
4) The petitioners shall not get themselves involved in any other criminal activities.
5) The petitioner shall produced the proof of their residential address before the trial court.
LVI Addl.City Civil & Sessions Judge, Bengaluru.