Karnataka High Court
Kirankumar And Anr vs The State & Anr on 10 December, 2018
Author: John Michael Cunha
Bench: John Michael Cunha
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF DECEMBER, 2018
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.201357/2018
BETWEEN:
1. KIRANKUMAR
S/O BHIMRAO YERGOL
AGED ABOUT : 28 YEARS,
OCC : ARTISAN MECHANIC,
DEPOT NO.4, NEKRTC, KALABURAGI.
2. MANOJ S/O BASAVARAJ NAIKODI,
AGED ABOUT : 21 YEARS,
OCC : APPRENTICE,
DEPOT NO.4, NEKRTC KALABURAGI.
BOTH R/O H.NO.4-602/F SHARADA NIVASA,
M.B.NAGAR ROAD, KALABURAGI.
... PETITIONERS
(BY SRI ASHOK B. MULAGE, ADVOCATE)
AND:
1. THE STATE THROUGH
STATION BAZAR POLICE STATION,
KALABURAGI, DIST.KALABURAGI
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REPRESENTED BY ADDL.
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH.
2. DEVARAJ S/O SIDDAPPA CHOUR,
AGED ABOUT 47 YEARS,
OCC : TRAFFIC CONTROLLER,
NEKRTC, KALABURAGI,
R/O AMBEDKAR NAGAR,
BEHIND HIGH COURT,
KALABURAGI.
... RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C. PRAYING TO ALLOW THE PETITION AND
DIRECT THE RESPONDENT POLICE TO RELEASE THE
PETITIONERS ON BAIL, IN THE EVENT OF THEIR ARREST
IN CRIME NO.146/2018 OF STATION BAZAR P.S., DIST:
KALABURAGI FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 143, 147, 148, 363, 323, 324, 504 506 R/W
SECTION 149 OF IPC AND UNDER SECTION 3(1) (X) OF
SC/ST (PA) ACT, 1989, PENDING ON THE FILE OF II ADDL.
SESSIONS JUDGE AT KALABURAGI.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER
Petitioners are apprehending their arrest in Crime No.146/2018 registered for the offences punishable under Sections 143, 147, 148, 323, 324, 363, 504, 506 R/w Section 149 of IPC and Section 3(1) (x) of the SC/ST (PA) Act. The petitioners have invoked the jurisdiction under Section 438 of Cr.P.C.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader.
3. The complainant is one Devraj, Traffic Controller at NEKRTC, Division-1, Kalaburagi. According to him, accused No.1 was suspecting that at his instance, the Secretary of the Union was dismissed by the employer. In this background, on 26.09.2018, at about 1.45 p.m., accused Nos.1 to 3 are alleged to have assaulted the complainant with hockey sticks in front of the depot and thereafter near the house of accused No.1. There are also 4 allegations that during the occurrence, accused No.1 abused the complainant taking the name of his caste.
4. The wound certificate discloses that the complainant did not suffer any external injuries, except some pain. He was subjected to CT scan of brain and it is certified that there was no fracture of skull vault and base and brain study was normal.
5. According to the complainant, the alleged motive for the assault is the suspicion entertained by accused No.1 that the complainant was instrumental in the dismissal of the Secretary of the Union. Therefore, it cannot be said that the alleged incident had taken place on account of the caste of the complainant. The present petitioners are not shown as accused, but general allegations are made in the complaint that the son and grandson were also participants in the alleged occurrence. In the said circumstance, the petitioners deserve to be admitted to anticipatory bail.
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6. Hence, the following order:-
Criminal petition is allowed. The petitioners are directed to appear before the Investigating Officer within 10 days from the date of this order and on their appearance, the Investigating Officer shall enlarge them on bail on the same day subject to the following conditions:-
a. The petitioners shall furnish bonds in a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties each for the likesum to the satisfaction of the Investigating Officer;
b. The petitioners shall appear before the Investigating Officer as and when required;
c. The petitioners shall not threaten or allure the prosecution witnesses; and 6 d. The petitioners shall mark their attendance in Station Bazar Police Station, Kalaburagi on the 20th of every calendar month until submission of the final report.
Sd/-
JUDGE RSP