Puttaswamy vs State Of Karnataka

S Vishwajith Shetty, J

Accused no.3 in C.C.No.2803/2023 pending before the Court of XXXII Addl. Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.133/2019 registered by Girinagar Police Station, Bengaluru City, for the offences punishable under Sections 279, 333 & 353 IPC and Sections 5, 46, 189 & 196 of the Motor Vehicles Act, is before this Court under Section 482 of BNSS, 2023, seeking anticipatory bail.

Heard the learned Counsel for the parties.

FIR in Crime No.133/2019 was registered by Girinagar Police Station, Bengaluru City, initially for the offences punishable under Sections 332 & 353 IPC against unknown persons on the basis of the first information dated 08.09.2019 submitted by Chandraiah, Head Constable. During the course of investigation, accused nos.1 & 2 were arrested and based on their confession statement, petitioner herein is arrayed as accused no.3. After completion of investigation, charge sheet has been filed against three persons and petitioner is arrayed as accused no.3. Since the petitioner was absconding, a split-up case was registered in C.C.No.2803/2023 and coercive steps were taken to secure his presence. Therefore, petitioner had filed Crl. Misc. No.11879/2024 before the jurisdictional Sessions Court, which was rejected on 09.01.2025. It is under these circumstances, petitioner is before this Court.

Learned Counsel for the petitioner submits that even if the allegations found in the charge sheet are presumed to be true, the alleged offences cannot be made out against the petitioner because the petitioner was only a pillion rider in the offending two-wheeler and it was accused no.1 who was riding the two-wheeler. Petitioner is ready and willing to co-operate before the Trial Court and he will be regular before the Trial Court. He was not aware of the charge sheet filed against him. Accordingly, he prays to allow the petition.

Per contra, learned Addl. SPP has opposed the petition. She submits that petitioner has been absconding for the last more than five years, and therefore, the discretionary relief of anticipatory bail cannot be extended to him. Accordingly, she prays to dismiss the petition.

Perusal of the charge sheet filed in the present case would go to show that on the intervening night of 07.09.2019 and 08.09.2019, when the first informant was on duty along with CW-2, he found three persons riding two-wheeler bearing registration No.KA-05-HE-6313 at about 3.15 a.m. When the first informant signalled the rider of the two-wheeler to stop the vehicle, the rider allegedly dashed the vehicle against the first informant and flew away. In the incident, CW-1 - first informant suffered injury and it is in this background, he had registered the first information, based on which FIR in Crime No.133/2019 was registered against unknown persons.

Undisputedly, accused no.1 was the person who was riding the offending two-wheeler and accused nos.2 & 3 were only pillion riders of the said vehicle. Considering the nature of allegations found as against the petitioner who is accused no.3 in the charge sheet, I am of the opinion that the prayer made by the petitioner for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following order:

The petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioner in the event of his arrest in C.C.No.2803/2023 pending before the Court of XXXII Addl. Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.133/2019 registered by Girinagar Police Station, Bengaluru City, for the offences punishable under Sections 279, 333 & 353 IPC and Sections 5, 46, 189 & 196 of the Motor Vehicles Act, subject to the following conditions:

The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/-with two sureties for the likesum to the satisfaction of the investigating officer.

Petitioner shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.

Petitioner shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.

The petitioner shall not involve in similar offences in future.