Karnataka High Court
Shri. Dr. Allamprabhu Siddayya ... vs The State Of Karnataka on 11 October, 2022
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 11TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 102729 OF 2022
BETWEEN:
SHRI. DR. ALLAMPRABHU SIDDAYYA HIREMATH
AGED ABOUT 44 YEARS,
OCC. SEER OF MATH,
R/O. MANOONMAYI MATH,
HALLUR 591312,
TQ. MUDALAGI, DIST. BELAGAVI.
...PETITIONER
(BY SRI. RAJASHEKHAR BURJI, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH MUDALAGI POLICE STATION,
MUDALAGI 591312,
TQ. MUDALAGI, DIST. BELAGAVI.
...RESPONDENT
(BY SRI. PRASHANTH V. MOGALI, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 OF CR.P.C.,
SEEKING TO ALLOW THE PETITION/ACCUSED ON BAIL IN THE
EVENT OF HIS ARREST, IN PURSUANCE OF CRIME
NO.124/2022 REGISTERED BEFORE THE MUDALAGI POLICE
-2-
CRL.P No. 102729 of 2022
STATION, MUDALAGI FOR THE OFFENCE PUNISHABLE U/S 420,
504 AND 506 OF IPC.
THIS CRIMINAL PETITION IS COMING ON FOR
ORDER, TH IS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the sole accused under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Cr.P.C.', for brevity) seeking anticipatory bail in Crime No.124/2022 of Mudalagi Police Station for the offences punishable under Sections 420, 504 and 506 of the Indian Penal Code (hereinafter referred to as 'IPC', for brevity).
2. The case of the prosecution is that one Prashantakumar S/o. Venkatarayappa, resident of Bengaluru has filed the complaint stating that he met the petitioner/accused accidentally about one month back at 'The Nines Hotel' Yashawanthapur, Bengaluru and while chatting with the petitioner, the complainant was assured -3- CRL.P No. 102729 of 2022 by the petitioner/accused that he will ensure and see that the complainant will win the BBMP Elections by hacking EVM Machines and demanded Rs.5,00,000/-. It is further stated that the complainant believing the words of the petitioner came to Mudalagi on 06.08.2022 at about 2.00 p.m. and met the petitioner/accused near Manjunath Hotel which is nearby Town Municipality, Mudalagi and gave Rs.5,00,000/- to the petitioner/accused. It is further stated that after five days, while watching Power TV, the complainant came to know that the petitioner has assured and received money from others also to hack EVM machines in the BBMP Elections. The complainant immediately called the petitioner on his mobile number and demanded the amount paid by him, but the petitioner abused the complainant and refused to return the money and threatened to take his life. The said complaint came to be registered in Crime No.124/2022 of Mudalagi Police Station for the offences punishable under Sections 420, 504 and 506 of IPC. The petitioner apprehending his -4- CRL.P No. 102729 of 2022 arrest has filed Criminal Miscellaneous No.8144/20225 seeking anticipatory bail and the same came to be rejected by the XII Additional Sessions Judge, Belagavi sitting at Gokak by order dated 06.09.2022. Therefore, the petitioner/accused is before this Court seeking anticipatory bail.
3. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent- State.
4. Learned counsel for the petitioner would contend that the complainant is stranger to the petitioner and he is the resident of Bengaluru and the petitioner is resident of Hallur village of Mudalagi Taluk, Belagavi District. It is his further submission that the petitioner is Seer of Math and he is rendering religious services in the area. The offences alleged against the petitioner are not punishable with death or imprisonment for life. The -5- CRL.P No. 102729 of 2022 petitioner is ready to co-operate with the Police in investigation. With this, he prayed to allow the petition.
5. Per contra, learned High Court Government Pleader would contend that the investigation is still in progress. The petitioner not only collected money from this complainant but also collected money from others for the very same purpose which has been telecasted in TV. It is his further submission that if the petitioner is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses. With this, he prayed to reject the petition.
6. Having regard to the submissions made by learned counsel for the petitioner and learned High Court Government Pleader, this Court has gone through the averments of the complaint, FIR and the order passed by the learned Sessions Judge.
-6-CRL.P No. 102729 of 2022
7. The accusation against this petitioner is that he collected money from this complainant with an assurance to hack EMV machines in BBMP elections and to see that this complainant is elected in the said election. The petitioner alleged to have refused to return the said money and gave life threat to the complainant. The offences alleged against this petitioner are not punishable with death or imprisonment for life. The petitioner is ready to co-operate with the Police in investigation. The petitioner is a Seer of Math, situated at Hallur village, Mudalagi Taluk, Belagavi District. The main apprehension of the prosecution is that if the petitioner is granted anticipatory bail, he will hamper the investigation and tamper the prosecution witnesses can be met with by imposing stringent conditions.
8. In the facts and circumstances of the case and submission of the counsel, this Court is of the view that there are valid grounds for granting anticipatory bail -7- CRL.P No. 102729 of 2022 subject to certain terms and conditions. Hence, I proceed to pass the following:
ORDER The petition filed under Section 438 of Cr.P.C. is allowed. Consequently, the petitioner/accused is ordered to be released on bail in the event of his arrest in Crime No.124/2022 of Mudalagi Police Station, subject to the following conditions:
i. The petitioner shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the Investigating Officer.
ii. The petitioner shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute bail bond and furnish surety.
iii. The petitioner shall co-operate in the investigation and make himself available for interrogation whenever required.-8- CRL.P No. 102729 of 2022
iv. The petitioner shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.
v. The petitioner shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police.
Sd/-
JUDGE SMM