Karnataka High Court
Shri. Santosh S/O Yamnappa Koli vs The State Of Karnataka on 26 July, 2018
Author: K.Somashekar
Bench: K.Somashekar
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 26TH DAY OF JULY, 2018
BEFORE
THE HON'BLE MR.JUSTICE K.SOMASHEKAR
CRL.P NO.101061 OF 2018
BETWEEN
1. SHRI. SANTOSH S/O YAMNAPPA KOLI,
AGE: 28 YEARS,OCC: COOLIE,
R/O: PARMANANDAWADI,
TQ: RAIBAG,DIST: BELAGAVI.
2. SHRI.LAVITKULALI,
AGE: 30 YEARS,OCC: COOLIE,
R/O: PARMANANDAWADI,
TQ: RAIBAG,DIST: BELAGAVI.
3. SHRI.SADASHIVA BAJANTRI,
AGE: 28 YEARS,OCC: COOLIE,
R/O: PARMANANDAWADI,
TQ: RAIBAG,DIST: BELAGAVI.
4. SALIM MULLA,
AGE: 38 YEARS,
OCC: COOLIE,R/O: PARMANANDAWADI,
TQ: RAIBAG,DIST: BELAGAVI.
5. RAVASAB GUNDOSHI,
AGE: 42 YEARS,OCC: COOLIE,
R/O: PARMANANDAWADI,
TQ: RAIBAG,DIST: BELAGAVI.
6. SHRI.SAGAR RANA,
AGE: 28 YEARS,OCC: COOLIE,
R/O: PARMANANDAWADI,
TQ: RAIBAG,
DIST: BELAGAVI. ... PETITIONERS
(BY SRI. JAGADISH PATIL,ADV.)
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AND
THE STATE OF KARNATAKA,
THORUGH KUDACHI POLICE STATION,
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT: 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 THE
PETITIONERS KINDLY BE GRANTED ANTICIPATORY BAIL IN
CONNECTION WITH KUDACHI POLICE STATION FIR CRIME NO.
121/2018 DATED 15.05.2018 FOR OFFENCES UNDER SECTION
143, 147, 148, 295-A, 324, 427, 504, 506 READ WITH 149 OF
IPC AND UNDER SECTION 3(1)(R), 3(1)(S), 3(1)(T), 3(2)(VA)
OF THE SCHEDULE CAST AND SCHEDULE TRIBES (PREVENTION
OF ATROCITIES) ACT, 1989 WITH RESPECT TO THE
PETITIONERS.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This criminal petition is filed by the petitioners under Section 438 of Cr.P.C., seeking anticipatory bail in Kudachi P.S., Crime No.121 of 2018 for the offences punishable under Sections 143, 147, 148, 295(A),324, 427, 504, 506 and read with Section 149 of IPC and besides Sections 3(1)(r), 3(1)(s),3(1)(t), 3(2)(VA) of Schedule Castes and :3: Schedule Tribes (Prevention of Atrocities) Act, 1989. Due to the apprehension of arrest by the Police, this criminal petition is filed for, seeking anticipatory bail, in the event of their arrest along with other grounds urged therein.
2. Heard the learned counsel for the petitioners - accused and the learned HCGP for the respondent - State.
3. Brief facts of the case are that, one Shri.Ajit Suresh Mang has lodged a complaint with Kudachi Police on 15.05.2018 alleging that the petitioners were abusing and also throwing crackers on the complainant and others for which the complainant has sustained injury and also his cloths are also burnt etc., and the accused persons also thrown the crackers on the statue of Ambedkar. Thus, it is alleged that, these petitioners have committed the offences punishable under Sections 143, 147, 148, 295(A),324, 427, 504, 506 and read with Section 149 of IPC and besides Sections 3(1)(r), 3(1)(s),3(1)(t), 3(2)(VA) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989. Accordingly, on filing of the complaint, a case came to be registered for the :4: alleged offences and the FIR was recorded by the Police.
4. Learned counsel for the petitioners has taken me through the averments made in the complaint in Crime No.121 of 2018 and contended that a false complaint has been filed against them, involving the petitioners in the alleged offences and there is no direct overt act attributed against these petitioners/accused who committed offences. Apart from that, it is submitted that the petitioners hail from respectable families and moreover the petitioners are ready to abide by any terms and conditions imposed by this Court while granting bail to them. Therefore, learned counsel for the petitioners praying for bail by considering the grounds as urged in the petition.
5. On the other hand, the learned HCGP during the course of arguments submitted that subsequent to committing the alleged offences, petitioners/accused had escaped from the clutches of law and that itself indicates that there are prima facie materials against the petitioners/accused. Therefore, the learned HCGP :5: submitted that the petitioners do not deserve for anticipatory bail and the petition filed by them be rejected.
6. Having regard to the contentions taken by the learned counsel for the petitioners and the learned HCGP for the respondent State are concerned, it is relevant to state that on 15.05.2018 the petitioners were abusing and also throwing crackers on the complainant and others for which the complainant has sustained injury and also his cloths are also burnt and accused persons also thrown the crackers on the statues of Ambedkar. Subsequent to registration of crime by the Police, case is still under investigation, as the Investigating Officer is required to recording the statement of the witnesses and so also securing the material documents for the allegations made against the accused. Therefore, at this stage, it does not require any detail discussion while considering the bail petition filed by the petitioners, as there are substances in the contention of the learned counsel for the petitioners in seeking the relief of anticipatory bail and at this stage, it cannot be said that there are enough materials to decline the bail. Whereas the learned HCGP submits that if the :6: petitioners are supposed to be released on bail, certainly they would come in the way of prosecution case and destroy the evidence. As this apprehension expressed by the learned HCGP could be curtailed by imposing certain suitable conditions to safeguard the interest of the prosecution. Therefore, for the aforesaid reasons as well as in the circumstances of the case, I am of the considered opinion that the petitioners deserve for bail. Hence, I proceed to pass the following:
ORDER The petition filed by the petitioners under Section 438 of Cr.P.C. is allowed, subject to the following conditions:
(1) The petitioners shall appear before the Investigating Officer in Crime No.121 of 2018 of Kudachi Police Station within a period of 20 days and shall execute a bond for a sum of Rs.1,00,000/- each with likesum surety to the satisfaction of him, in the event of their arrest.:7:
(2) The petitioners shall co-operate with Investigating Officer during the course of investigation.
(3) The petitioners shall not tamper or hamper the case of prosecution witnesses.
(4) The petitioners shall not indulge with any other criminal activities henceforth.
(5) The petitioners shall mark their attendance once in fortnight as per the English monthly calendar in between 10.00 a.m. and 5.00 p.m. for a period of three months before the concerned SHO.
If the petitioners violate any of the above conditions, the bail order shall automatically stands ceased.
SD/-
JUDGE Vb