Karnataka High Court
Vinayak S/O Ajjappa Kurubar vs The State Of Karnataka on 27 March, 2018
Author: John Michael Cunha
Bench: John Michael Cunha
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
ON THE 27TH DAY OF MARCH, 2018
BEFORE
THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.100487 OF 2018
BETWEEN
VINAYAK S/O. AJJAPPA KURUBAR,
AGE:27 YEARS, OCC. AGRICULTURE,
R/O: INDIRA NAGAR, ALNAVAR,
TQ: & DIST. DHARWAD.
... PETITIONER
(BY SRI. HARSHAWARDHAN M. PATIL, ADV. FOR
SRI.PRAKASH S. UDIKERI, ADV.)
AND
THE STATE OF KARNATAKA
THROUGH ALNAVAR POLICE STATION
ALNAVAR, TQ & DIST. DHARWAD
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
DHARWAD BENCH, DHARWAD
... RESPONDENT
(BY SRI.ANAND K. NAVALAGIMATH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438
OF CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON
ANTICIPATORY BAIL IN ALNAVAR P.S.CRIME NO.12/2018, FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 353, 332, 186,
504, 506 READ WITH SECTION 34 OF IPC, DIRECTING THE
RESPONDENT TO ENLARGE THE PETITIONER ON BAIL IN THE
ABOVE SAID CRIME, AT THE EVENT OF HIS ARREST IN THE
SAID CRIME.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
:2:
ORDER
This petition is filed under Section 438 of Cr.P.C. for grant of anticipatory bail in Crime No.12/2018 registered by the respondent Police under Sections 353, 332, 186, 504, 506 read with Section 34 of IPC.
2. The FIR was registered on the basis of the complaint lodged by the Police Constable of Alnavar Police Station. In the complaint, it is alleged that on 11.02.2018 at 11:30 p.m., when the complainant was involved in an enquiry pertaining to N.C. No.03/2018, accused No.1 along with his son came to the Police Station and questioned the complainant regarding the booking of a case against him and abused the complainant and caught hold of his collar and assaulted the complainant and ran away from the Police Station.
3. The learned HCGP has not filed any statement of objections opposing the petition. However, he has orally opposed the petition.
:3:
4. Learned counsel for the petitioner submits that petitioner is a Pattan Panchayat Member. On 09.07.2017, having noticed a person digging the road with JCB without permission from the Panchayat, he objected the act and went to the Alnavar Police Station to report the matter, but the petitioner was detained in the Police Station and was handcuffed. In this regard, the father of the petitioner had complained to the Human Rights Commission. Enraged by this, a false case has been foisted against the petitioner. Petitioner has produced the copy of the letter issued by the Human Rights Commission to the Superintendent of Police, Dharwad directing him to conduct enquiry into the matter.
5. Having regard to the above material and in view of the fact that the alleged incident is said to have taken place in the Police Station at 11:30 p.m. and the nature of accusations made against the petitioner, I am of the view that in order to protect and safeguard the rights and liberties of the petitioner, it is necessary to admit the petitioner to bail subject to conditions. Hence, the following:
:4:
ORDER The petition is allowed.
The petitioner is directed to appear before the Investigating Officer within 15 days from the date of this order.
On his appearance, the Investigating Officer shall interrogate the petitioner and shall enlarge him on bail on the same day on obtaining a bond for Rs.1,00,000/- with two sureties for the likesum to his satisfaction and subject to further conditions that;
(i) The petitioner shall appear before the
Investigating Officer as and when
required.
(ii) The petitioner shall co-operate in the
investigation.
(iii) The petitioner shall not threaten or lure the prosecution witnesses and shall not tamper with the witnesses or evidences.
(iv) The petitioner shall mark his attendance in Alnavar Police Station on the last day :5: of every calendar month until the submission of the final report.
Sd/-
JUDGE Rsh