Karnataka High Court
Mohan Kumar. M. N. vs State Of Karnataka on 20 April, 2018
Equivalent citations: AIRONLINE 2018 KAR 1579
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF APRIL, 2018
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL PETITION NO.1437/2018
BETWEEN:
MOHAN KUMAR. M. N.
AGED ABOUT 48 YEARS,
S/O D.NANJUNDAIAH,
R/AT NO.1178, 3RD CROSS,
KURUBAGERY,
LASHKAR MOHALLA,
MYSURU CITY
MYSURU-570 001.
... PETITIONER
(BY SRI: P. NATARAJU, ADVOCATE)
AND
STATE OF KARNATAKA
BY LASHKAR MOHALLA POLICE STATION,
MYSURU DISTRICT.
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-560 001.
... RESPONDENT
(BY SRI:S.VISHWA MURTHY, HCGP)
2
THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C
PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE
EVENT OF HIS ARREST IN CRIME NO.4/2018 OF LASHKAR
POLICE STATION, MYSURU CITY FOR THE OFFENCE P/U/S
353,504,506 OF IPC AND SECTIONS 92(J) AND 92(O) OF
KARNATAKA POLICE ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This is a petition under section 438 of Cr.P.C. In connection with Cr.No.4/2018 registered by the respondent -Police for the offences punishable under sections 353, 504 and 506 of Indian Penal Code and sections 92(J) and 92(O) of the Karnataka Police Act, 1963, the petitioner has sought anticipatory bail.
2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader.
3. The complaint was made by a woman Police Sub-Inspector of Lashkar Police Station. She has stated that on 6.1.2018 at about 3.45 p.m., when the 3 complainant was discharging her duties in the Police Station, she heard the sound of a person and saw the petitioner sitting naked inside the Police Station abusing the police and urinating in the Police Station itself. It is further alleged that he scratched himself and rolled on the street.
4. Learned counsel for the petitioner submits that the petitioner is taking treatment for his psychological problem. He very often goes to depression. In support of his statement, he produces the discharge summary issued by the JSS Hospital, Mysuru. This shows that the petitioner lost his brother, sister and mother within a span of two years and he has no good relationship even with his father.
5. It is pertinent to mention here that the petitioner has also moved another petition Crl.P.No.1436/2018. In this case, a woman called Smt.H.V.Jyothi who is a relative of the petitioner, has made a complaint. She has stated that at about 10.45 4 a.m. on 6.1.2018, she and her husband had breakfast in a hotel, and when they were returning to their house, the petitioner stared at her and her husband. Thereafter, the petitioner followed both of them and dragged the complainant by holding her clothes and then slapped the complainant's husband.
6. Therefore, if the allegation made by the complainant woman Police Sub-Inspector is seen in the light of the complaint made by Smt.H.V.Jyothi, it might be possible to draw an inference that the petitioner is suffering from mental disorder. Any way, this is a matter to be decided by the trial court. Therefore, in the facts and circumstances of this case, it can be said that the allegations made against the petitioner cannot be per se taken to be true. Thus he has fear of being arrested in connection with the non-bailable offence. If his presence is necessary for investigation, he can be secured. Even the petitioner's counsel submits that the petitioner is ready 5 to co-operate with the police for completing the investigation.
Hence, the following:-
ORDER Petition is allowed.
In the event of arrest of the petitioner by the respondent-Lashkar Mohalla police station, in connection with Crime No.4/2018, he shall be released on bail on obtaining from him a personal bond for Rs.50,000/- (Rupees Fifty Thousand only) and one surety for the likesum to the satisfaction of the Investigation Officer. The petitioner is also subjected to the following conditions:
i. He shall co-operate with the Investigating Officer during investigation.
ii. He shall not leave jurisdiction of the trial Court till investigation is over.
iii. He shall not tamper with the evidence collected by the Investigating Officer.
iv. He shall not directly or indirectly threaten the witnesses.6
v. The petitioner shall mark his attendance before the respondent-police station once in a fortnight, preferably on a Sunday in between 09.00 am and 12.00 noon, till the investigation is over.
Sd/-
JUDGE Bss.