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Judgment
H.S. Kempanna
The petitioner who has been arrayed as accused in Cr.No. 3/2012 of Yedrami Police Station, Gulbarga District registered for the offence punishable under Sections 186, 323, 342, 504, 506 of IPC and u/s 3(I) (X) of SC / ST P.A. Act 1989 has sought for releasing him on bail. It is alleged that, on 19.01.2012, at about 8.00 pm, when the complainant/PSI was in his chambers at the police station, the petitioner entered his chamber, closed the door, latched it from inside and thereafter abused the complainant by taking out his caste name and also pulled him hither and thither by holding his shirt collar. The accused committed the said acts as the complainant had reported about his conduct in the discharge of his duties against his interest to the higher authorities earlier.
Learned counsel for the petitioner submits that the petitioner is a police constable having put in service of more than seven years of service and he has been falsely implicated by his immediate superior PSI/complainant on account of personal vengeance that he was nursing against him. Having regard to the offences alleged, the punishment provided and as he is in custody since 21.04.2012, he be released on bail.
Per contra, learned High Court Government Pleader vehemently opposed for enlarging the petitioner on bail on the ground that the investigation is still pending.
The allegation against the petitioner is that on 19.01.2012, at about 8.00 pm, he entered into the chambers of the complainant in the police station, closed the door latched it from inside and thereafter abused the complainant by taking out his caste name and also pulled him hither and thither by holding his shirt collar. The accused did so on account of the complainant reporting against his interest to the higher officers in the discharge of his duties.
Having regard to the allegations made in the complaint and taking into consideration that the petitioner is also working as a police constable in the same police station in which the complainant is also working and having regard to the background in which the occurrence has taken place as all is not well between the two and as he is in custody since 21.04.2012 in the circumstances, there is no reason to decline the request of the petitioner. In the result and for the foregoing reasons, I proceed to pass the following order:-
(i) Petition is allowed.
(ii) The petitioner is ordered to be released on bail on his executing a person bond in a sum of Rs. 25,000/- with one surety for the likesum to the satisfaction of the learned Special Judge, subject to the following conditions:
a) The petitioner shall make himself available to the Investigating Officer as and when required for the purposes of investigation.
b) He shall not tamper with the prosecution witnesses.