Karnataka High Court
CRL.P/9559/2016 of DEVARAJAGOWDA Vs STATE BY ARAKALGUDU POLICE on 29 December 2016
HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF DECEMBER, 2016 BEFORE: THE HON’BLE MR.JUSTICE K.SOMASHEKAR CRIMINAL PETITION No.9559/2016 BETWEEN: 1. DEVARAJAGOWDA S/O PUTTEGOWDA AGED ABOUT 65 YEARS R/AT HONNAVALLI VILLAGE KASABA HOBLI ARAKALGUDU TALUK HASSAN
IN THR HIGH COURT OF KARNATAKA AT BRBNGALURU
DATED THIS THE 29[TH]DAY OF DECEMBER, 20160
BBRHRORE
THE HON’BLE MR.JUSTICE K.SOMASHEKARCRIMINAL PETITION No.9559/2016
BETWEEN
1.|DEVAR AJAGOW D
9/O PUTTEGOWDA
AGED ABOUT 65 YBARS
R/AT HONNAVALLI VILLAGE
KASABA HOBLIARAKALGUDU TALUKHASSAN DISTRICT-573201ARAKALGUDU TALUKHASSAN DISTRICT-573201
|CHANNARAJU |9/O DEVARAJEGOWDAAGED ABOUT 44 YEARSR/AT HONNAVALLI VILLAGEKASABA HOBLIARAKALGUDU TALUKHASSAN DISTRICT-573201.9/O DEVARAJEGOWDAAGED ABOUT 44 YEARSR/AT HONNAVALLI VILLAGEKASABA HOBLIARAKALGUDU TALUKHASSAN DISTRICT-573201.
... PETTTIONERS|
(By Sri. GIRISH B BALADARE, ADV.)
AND:
STATEBY ARAKALGUDU POLICEARAKALGUD TALUKHASSAN DISTRICTRBPRBESEBENTRBD PUBLIC PROSKBCUTOR
HIGH COURT BUILDING|BANGALORE-O1..
(By Sri. K.NAGESHWARAPPA, HCGP)
THIS CRL.P IS FILED U/S.438 CR.P.C BY THE.ADVOCATRKR FOR THR PHRHTITIONBER PRAYING THAT HON'BLE COURT MAY BR PLKEASBKD TO BNLARGH THPETR. ON BAIL IN THR BVBNT OF THRIR ARREST IN|CR.NO.258/2016 OF ARAKALAGUD P.3S,. HASSAN DISTRICTFOR THE OFFENCE P/U/S 506, 341, 323, 324, 504, 307,|354 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed by petitioners-accused undersection 438 of Cr.P.C in Crime No.298/2016 of Arakalgud|Police Station, for the alleged offences punishable under|sections 506, 341, 323, 324, 504, 307 and 354 read with)section 34 of IPC. Later on, Section 307 of IPC has been|added in the same crime number. Therefore, petitioners are|seeking for anticipatory bail in the event of their arrest’among the grounds urged therein.
2. Heard learned counsel for the petitioners and|learned HCGP for the respondent.
3. During the course of arguments, learned counsel for|petitioners contended that the accused are innocent personsand they have not at all committed the alleged offence.|subsequent to filing of the complaint, a case came to be|registered by the respondent/police with an oblique motive|and they are making hectic efforts to arrest the accused,though the ingredients do not constitute an offence under|section 307 of IPC. The anticipatory bail petition has been|rejected by the Court below without assigning proper|reasons. The petitioners hail from respectable family.Moreover, the accused are ready to abide by any terms and|conditions imposed by this Court. Therefore, learned counselis praying for considering the grounds urged in this petition|and for grant of bail.
4. Per contra, learned HCGP for the respondentsubmitted that there are primatfacie material against the accused to commit the offence as the accused have inflicted|injuries to the accused. It is based upon the averments of|the complaint. Later on, Section 307 of IPC has been added.It has been recorded by the police that the petitioners are|absconding and there is a prima facie against accused for|commission of oifence. Therefore, Court below has rejected|the bail petition of the accused. Learned High Court Govt.|Pleader submits that if the accused are released on bail,|certainly they would come in the way of the prosecution caseand destroy the evidence.
oO. Having regard to the submissions of the learned|counsel for the petitioners/accused and learned High Court|Govt. Pleader, it is relevant to consider that a case has beenregistered against the accused persons for the alleged offencepunishable under Sections 906, 341, 323, 324, 504, 307 and|394 read with Section 34 of IPC. Later on, Section 307 of IPChas been added in the same crime number. However,|Subsequent to registration of the case, it is under|investigation and it requires for recording statement of|
witnesses and conducting mahazar and collecting material|documents. Allegations made in the complaint, therefore, at|this stage, does not require detailed discussion while|considering bail petition filed by accused. The apprehension|of learned Govt. Pleader could be suitably met with, by|imposing appropriate conditions to safeguard the interest otthe prosecution.
6. Therefore, for the aforesaid reasons as well as in the|circumstances, I am of the considered opinion that the|accused persons deserve bail. Hence, I proceed to pass the|following:
ORDER
The Petition is hereby allowed subject to following|conditions:
(+,Petitioners-accusedshallappca!|beforetheInvestigatingofficer|1N CrimeNo.298/2016|Ot|Arakalgud Police Station within 2O days from the|date of receipt of a copy of this order, by executing a|
personal bond for a sum of=00,000/- each (Rupees|
fifty thousand only) with one surety each, for the likesum to the satisfaction of the 1.O in the event of thelr ATrest.
(++,Petitioners-accusedshallco-operate.withtheinvestigatingofficer|duringtheCOUTSE|OT|investigation.
(+++,Petitioners-accused shall not tamper or hamper the|
case of the prosecution witnesses.
(+@,Petitioners-accused shall not indulge in any criminalactivities.activities.
bnv*
Sd/-JUDGE