Muniraju vs State By on 19 March, 2014

[Cites 12, Cited by 0]

Karnataka High Court

Muniraju vs State By on 19 March, 2014

Bench: R.B Budihal

                          1


IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 19TH DAY OF MARCH 2014

                      BEFORE

       THE HON'BLE MR. JUSTICE BUDIHAL R.B.

        CRIMINAL PETITION NO.1196 OF 2014

BETWEEN:

MUNIRAJU
S/O.BYLAPPA
AGED ABOUT 42 YEARS
TRACTOR OWNER COM DRIVER
R/AT.CHOKKANAHALLI
JOKKUR POST
BANGALORE - 560 064.
                                     ... PETITIONER

(BY SRI.S.SHANKARAPPA, ADV.,)

AND:

STATE BY SAMPIGE HALLI P.S.,
BANGALORE
REPRESENTED BY SPP
HIGH COURT BUILDING
BANGALORE - 560 001.
                                    ... RESPONDENT

(BY SRI.K.NAGESHWARAPPA, HCGP)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.14/14 OF SAMPIGEHALLI P.S., BANGALORE
CITY, FOR THE OFFENECS P/U/S 143, 144, 147, 148, 427,
447, 436, 435 R/W. 149 OF IPC.
                                    2


     THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT PASSED THE FOLLOWING:-

                                 ORDER

This is the petition filed by the petitioner - accused No.5 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent - police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 141, 143, 144, 148, 448, 427, 447, 436, 435 r/w.Section 149 of IPC registered by the respondent - police in Crime No.14/2014.

2. Heard the arguments of the learned counsel appearing for the petitioner -accused No.5 and also learned High Court Government Pleader for the respondent - State.

3. The brief facts of the prosecution case that on 14-01-2014, the driver of the school vehicle dashed the boy who had been succumbed to death at the spot and the police registered the case against the driver and 3 police apprehended the driver and also the bus said to have been seized and indirectly he supported it and school was on leave and nobody came to the school. It is also alleged that on 15-01-2014 at 4.15 p.m. when he was in the house, he learnt that, Rajanna along with 20-30 people with the dead body of the boy entered into the school building and was trying to set fire to the school and immediately he went to the spot and noticed residents of the village, Rajanna, Srinivasa Reddy, Ravi, Sidda, Muniraju, Govindaraju and Sri.Rama Reddy and son's of Kempanna along with 20 others formed the unlawful assembly, entered the school and damaged the articles and also broken the window glasses and thereby caused the damage and committed the alleged offences.

4. It is the submission of the learned counsel for the petitioner that the present petitioner arraigned as accused No.5 and has not at all participated in the commission of the alleged offences and he has been falsely implicated in the case. He also made the 4 submission that the other accused persons have been granted with bail by the order of this Court and under the similar set of allegations as against the present petitioner and on the ground of parity the present petitioner may be granted with bail.

5. As against this, learned Government Pleader during the course of his argument submitted that there is a material about the involvement of the present petitioner and even the complainant has mentioned his name in the complaint. Therefore, it prima-facie goes to show that he has committed the alleged offences. Hence, he submitted that he is not entitled to be granted with bail.

6. I have perused the order passed by this Court in respect of other accused persons. Looking to the allegations made sofar as the present petitioner they are one and the same and hence present petitioner is also entitled to be granted with anticipatory bail on the 5 ground of parity. The petitioner has undertaken in his bail petition that he is ready to abide by any of the reasonable conditions to be imposed by this Court.

7. Accordingly, petition is allowed. The respondent - police is directed to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 141, 143, 144, 148, 448, 427, 447, 436, 435 r/w.Section 149 of IPC registered by the respondent - police in Crime No.14/2014, subject to the following conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety for the likesum to the satisfaction of the concerned Court;

(ii) The petitioner shall not directly or indirectly tamper with any of the prosecution witnesses;

(iii) The petitioner shall make himself available to the Investigating 6 Officer for interrogation whenever called for; and

(iv) The petitioner shall appear before the concerned Court within thirty days from the date of this order and execute the personal bond and also the surety bond.

Sd/-

JUDGE VMB

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