SRI. MUNIRAJU S/O CHIKKAMUNIYAPPA vs STATE OF KARNATAKA, REPRESENTED BY PSI MALUR POLICE STATION, MALUR

This petition under Section 438 of Cr.P.C. is filed seeking enlargement of petitioner/accused No.1 on anticipatory bail in Crime No.364/2016 registered in Malur Police Station for offences punishable under Sections 143, 323, 324, 307, 354, 427, 448, 504, 506 read with Section 149 of Indian Penal Code, 1860.

Sri Sarat Chandra Bijai, learned Counsel for the petitioner arguing in support of the petitioner contended that there was a fight between two groups and in the instant F.I.R., 13 persons are accused of commission of offences mentioned above. The petitioner''s side has also filed a complaint in Crime No.365/2016 for the offences punishable under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Sections 143, 147, 148, 323, 324 read with Section 149 of IPC. He further submitted that all the accused in Crime No.365/2016 have been enlarged on bail by the learned Principal Judge. Further all accused Nos.2 to 13 in the instant case have also been enlarged on bail by order dated 06.01.2017 in Crl.Misc.No.796/2016 by the learned II Additional Sessions Judge, Kolar.

He further submitted that the petitioner is aged 62 years and the reasons assigned by the learned Sessions Judge to dismiss the petition is that he has assaulted the complainant on the head with a club is improbable. Keeping in view the age of the accused, he prays for allowing this petition on any stringent condition.

The petition is opposed by learned High Court Government Pleader.

I have carefully considered the submissions of the learned Counsel for the petitioner, learned HCGP & perused the material papers.

It is a case, in which two parties have filed complaints against each other. All the twelve accused of the other party have been released on bail. Twelve out of thirteen accused in the instant case have also been enlarged. The petitioner is aged 62 years. In the circumstances, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:

(i) In the event of arrest or voluntary surrender of petitioner in Crime No.364/2016 before the jurisdictional Police or Magistrate on or before 20.03.2017, he shall be released on bail upon his executing a self bond for a sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the investigating officer;

(ii) Petitioner shall co-operate with the Investigating Officer during the further course of investigation and appear as and when called upon;

(iii) Petitioner shall mark his attendance before the jurisdictional Police on every 1st and 3rd Sunday of each calendar month between 10 a.m. & 1 p.m till the charge sheet is filed;

(iv) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer;

(v) Petitioner shall not involve himself in any criminal activities; and

(vi) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.

Petition allowed.

In view of disposal of the petition, I.A.No.1/2017 does not survive for consideration and accordingly, the same is disposed of.