Karnataka High Court
Sunil Shankar Ballary vs The State Of Karnataka on 8 January, 2018
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 8TH DAY OF JANUARY 2018
BEFORE
THE HON'BLE MR. JUSTICE N.K.SUDHINDRARAO
CRIMINAL PETITION NO.100034/2018
BETWEEN
SUNIL SHANKAR BALLARY
AGE 25 YEARS, OCC: COOLIE,
R/O: SETTLEMENT, SHANTINIKETAN
COLONY, HUBBALLI.
... PETITIONER
(BY SRI.M.M.PATIL, ADVOCATE)
AND
THE STATE OF KARNATAKA
THROUGH P.S.I., BENDIGERI P.S.,
HUBBALLI. REP BY SPP,
HIGH COURT OF KARNATAKA
DHARWAD
... RESPONDENT
(BY SRI.PRAVEEN K.UPPAR, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C., SEEKING TO ALLOW THE PETITION AND TO
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR
ARREST, ARISING OUT OF CR. NO. 155 OF 2017 REGISTERED
BY BENDIGERI POLICE STATION HUBBALLI FOR OFFENCE
UNDER SECTION 323, 353 OF IPC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
:2:
ORDER
Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent.
2. This petition is filed under Section 438 of Cr.P.C., wherein the petitioner seeks directions to the respondent-Police to release him on bail in the event of his arrest in Crime No.155/2017 of Bendigeri P.S. for the offences punishable under Sections 323 and 353 of IPC.
3. The brief facts of the case are that the complainant is the Superintendent of Excise and had been serving in Dharwad. She was instructed by the Joint Commissioner of Excise, Belgaum to apprehend the accused in Crime No.16/2016, dated 05.11.2017. Accordingly, on 06.11.2017 the complainant along with subordinate staff got involved to trace the accused person and reliably learnt that the accused is in Shanktiniketan Colony, Settlement Area. Accordingly at about 11:30 a.m. the complainant went, at that time the accused assaulted on the Excise Inspector and pushed :3: the other staff and escaped from their clutches. In this connection, another case came to be registered in Crime No.155/2017.
4. Learned counsel for the petitioner submits that the petitioner has already been released on bail in Crime No.16/2017. He further submits that the petitioner has not at all committed any offences as alleged and he is an innocent. Hence, prays for allowing the bail petition.
5. The learned HCGP opposes the bail application and submits that the accused assaulted on the complainant and subordinate staff and also escaped from their clutches. Hence, he prays for dismissal of the bail petition filed by the petitioner.
6. In the context and circumstances of the case, the allegations are to be assessed during the trial. Thus, no prejudice will be caused to the prosecution in case the bail petition is allowed. However, the apprehension of :4: the prosecution would be resolved by imposing conditions. Hence, the following:
ORDER The petition under Section 438 of Cr.P.C. is allowed. In the event of arrest of the petitioner in Crime No.155/2017 of Bendigeri Police Station registered for the offences punishable under Sections 323 and 353 of IPC, he shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for like sum to the satisfaction of the Investigating Officer subject to following conditions:
1. The petitioners shall not tamper or terrorize the persecution witnesses in any manner.
2. Office is directed to send a copy of this order the Commissioner of Excise.
Sd/-
JUDGE Vnp*