Karnataka High Court
Iranna S/O. Basavaraj Kudagi vs The State Of Karnataka on 17 June, 2014
Author: K.N.Phaneendra
Bench: K.N. Phaneendra
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 17TH DAY OF JUNE, 2014
BEFORE
THE HONOURABLE MR. JUSTICE K.N. PHANEENDRA
CRIMINAL PETITION No.100958/2014
BETWEEN:
IRANNA S/O. BASAVARAJ KUDAGI
AGE: 19 YEARS, OCC: STUDENT
R/O. MADHURA ESTATE,
2ND CROSS, KESHWAPUR,
HUBLI, HUBLI TALUK, DIST: DHARWAD
... PETITIONER
(BY SRI. A A PATHAN & AMIRKHAN A PATHAN, ADVS.)
AND:
THE STATE OF KARNATAKA
THROUGH KESHWAPUR POLICE STATION
R/BY ADDITIONAL STATE PUBLIC PROSECUTOR,
OFFICE OF THE ADVOCATE GENERAL,
HIGH COURT BENCH, DHARWAD
... RESPONDENT
(BY SRI. VIJAYAKUMAR MAJAGE, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 439(1) OF
CR.P.C. SEEKING TO GRANT BAIL TO THE PETITIONER IN
HUBLI KESHWAPUR POLICE STATION CRIME NO.53/2014
FOR THE ALLEGED OFFENCE UNDER SECTION
143,147,148 AND 364(A) R/W 149 OF IPC REGISTERED ON
17.03.2014, THE SAME IS PENDING BEFORE THE JMFC-II
COURT, HUBLI.
2
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. The petitioner is before this Court seeking bail in Hubli Keshwapur Police Crime No.53/2014 registered against this petitioner and others for the offences punishable under Sections 143, 147, 148 and 364(A) R/w. Section 149 of Indian Penal Code, 1860, on the basis of the complaint given by one Gagan S/o.Jayaram Shetty.
3. It is alleged in the complaint that, on 17.03.2014 at about 3.20 pm, after meeting his friend, the complainant was returning on his motorcycle. When he reached near Deshpande Petrol Bunk, some three unknown persons came and stopped the complainant and assaulted him and demanded a sum of Rs.30,000/-. Thereafter, the complainant told them that he would pay Rs.15,000/- on the 3 next day. On these allegations, the police registered a case and started investigation.
4. The learned High Court Government Pleader submitted that, the investigation is still under progress. Accused Nos. 1 and 2 are yet to be traced. This petitioner is arrayed as accused No.4.
5. It is seen that this petitioner was arrested on 21.03.2014. Earlier this Court in Criminal Petition No.100876/2014 enlarged the petitioner on bail under Section 439 granting bail for the limited period. Subsequently, the present petition is filed for regular bail.
6. The allegations made in the First Information Report clearly discloses that only three persons have attacked the complainant on that particular day. The learned High Court Government Pleader also made available the statement of the complainant, in which the complainant also implicated three more persons into the crime. But his further statement shows that only three persons were present on that 4 particular day. Conspicuously this petitioner was not identified as a person one amongst the said three persons. The learned High Court Government Pleader draws my attention to the statement of the accused that, at the instigation and plan of this petitioner, the other accused persons have hatched a conspiracy to rob the complainant by name Gagan Jayaram Shetty. But at this stage, solely basing on the voluntary statement of the accused, bail cannot be rejected. When the presence of this petitioner is not stated by the complainant on that day, in my opinion, the prosecution has to establish its case beyond all reasonable doubt to prove the case against the petitioner.
7. Under the above circumstances, the bail petition filed by this petitioner deserves to be allowed. The learned High Court Government Pleader draws my attention that earlier this Court has granted bail to enable the petitioner to attend the Diploma examination on 12th and 13th April 2014. The petitioner has produced the admission ticket, which discloses that on both the dates he appeared for the 5 examination. However, the Investigating Officer submitted a report along with the certificate issued by the Principal K.L.E. Society, which shows that this petitioner attended the examination only on 12.05.2014. There are two divergent documents available on record. But even otherwise, even if the petitioner has not attended one of the examinations, that cannot be a hurdle for grant of bail. Hence the following order is passed.
ORDER Petition is allowed. Consequently, petitioner shall be released on bail on the following conditions:-
i) The petitioner shall execute a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one solvent surety for a likesum to the satisfaction of trial court or the Committal Court, as the case may be.
ii) The petitioner shall not indulge in tampering with the prosecution witnesses or hampering the investigation.6
iii) The petitioner shall make himself available to the Investigating Officer as and when required for the purpose of investigation.
iv) The petitioner shall mark his attendance once in a week on every Sunday between 10.00 am and 5.00 pm before the Investigating Officer till the charge sheet is filed or for the period of two months, whichever is earlier.
v) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
Sd/-
JUDGE gab/-