Karnataka High Court
Mariyappa vs State Of Karnataka on 14 March, 2022
Author: V. Srishananda
Bench: V. Srishananda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MR. JUSTICE V. SRISHANANDA
CRIMINAL PETITION No.1677 OF 2022
BETWEEN:
MARIYAPPA,
S/O LAKSHMINAPPA,
AGED ABOUT 46 YEARS,
R/O NO.229, 1ST MAIN,
14TH CROSS, K.B.COLONY,
CHAMUNDINAGAR,
BANASHANKARI 2ND STAGE,
BANGALORE - 560 070.
...PETITIONER
(BY SRI.K.VENKATARAMANA, ADVOCATE)
AND:
STATE OF KARNATAKA,
BY GIRINAGAR P.S.,
REPRESENTED BY S.P.P.,
HIGH COURT BUILDING,
BANGALORE - 560 001.
... RESPONDENT
(BY SRI.S.VISHWAMURTHY, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C. PRAYING TO ENLARGE THE PETITIONER
ON BAIL IN THE EVENT OF HIS ARREST IN
CR.NO.238/2021 REGISTERED BY GIRINAGAR POLICE
STATION, BENGALURU FOR THE OFFENCE P/U/S 341,
289, 326, 504, 506 OF IPC, PENDING ON THE FILE OF
XXXII ADDL.C.M.M., BENGALURU.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri.K.Venkataramana, learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State and perused the records.
2. The present petition is filed under Section 438 Cr.P.C seeking grant of anticipatory bail with the following prayer:
"Wherefore the above named petitioner humbly pray before this Hon'ble court that this Hon'ble court may please to enlarge the petitioner on bail and direct the respondent police of Girinagar police station in the event of his arrest in Cr.No.238/2021 on the file of 32nd Additional Chief Metropolitan Magistrate At Bangalore for the offence punishable under section 341, 289, 326, 504, 506 of IPC. In the interest of justice and equity."
3. Smt.Padmavathi, wife of Sri.Lakshmipathi lodged a complaint with Girinagar Police stating that the 3 accused - petitioner used to abuse her in filthy language and also shown illegal signs to her and on 19.12.2021, gave her a life threat stating that accused would pour kerosene on herself and her family members and take away their lives by litting fire. He also contended that in order to create fear in the mind of the complainant, accused had left his dog and made the dog to bite her son and therefore, she is having apprehension in her mind that the accused would take away the life of herself and family members.
4. Based on the said complaint, Girinagar Police registered a case in Crime No.238/2021 on 20.12.2021 for the following offences:
"Section 341, 289, 326, 504 and 506 IPC."
5. Thereafter, the police are investigating the matter. In the meantime, the petitioner approached the Sessions Judge seeking grant of anticipatory bail in Crl.Misc.No.775/2022 which was turned down by the 4 learned District Judge by order dated 03.02.2022. Thereafter, the petitioner is before this Court.
6. Learned counsel for the petitioner vehemently contended that the entire allegation in the complaint are false and frivolous. He further submits that he has not reared any dog. Therefore, the allegation made against him that he has left the dog to bite her son is incorrect. He also pointed out that the complaint came to be drafted after due deliberation with "Sanghatane' people and therefore, the accused has been falsely implicated in the case and thus, sought for grant of anticipatory bail.
7. Per contra, learned High Court Government Pleader opposes the bail petition.
8. Perused the material on record.
9. Even assuming that the entire allegations made in the complaint are true and correct, then also 5 no offence under Section 326 IPC is made out in the instant case.
10. Further, even according to the prosecution, this petitioner is not available for investigation, has preferred this petition.
11. Directing the accused - petitioner to join the investigation would facilitate the investigation process. The apprehension made by the prosecution can be met with by imposing the suitable and stringent conditions. Accordingly, this Court pass the following;
ORDER
(i) The Criminal Petition is allowed.
(ii) Petitioner is directed to join the investigation by appearing before the Investigation Officer on 24.03.2022 at 10.00 am., in Girinagar Police Station.
(iii) The Investigation Officer shall take the petitioner to custody and complete the custodial investigation if any, and 6 thereafter, enlarge him on bail on the same day before 6.00 pm., on he executing a personal bond in a sum of Rs.50,000./- (Rupees fifty thousand only) with one surety for the likesum to the satisfaction of the trial Court.
(iv) Petitioner shall mark his attendance before the Investigating Officer on every alternate Sunday between 10.00 am and 2.00 pm., till the final report is filed.
.
(v) Petitioner shall not directly or indirectly tamper the prosecution witnesses. Violation of any one of the conditions would entitle the prosecution to seek for cancellation of the bail.
Ordered accordingly.
Sd/-
JUDGE GH