Sridhar S.K vs State

Ashok G.Nijagannavar, J

This petition is filed by petitioner-accused No.6 seeking anticipatory bail in the event of his arrest in connection with Crime No.1084/2016 registered by the Peenya Police Station for the offence punishable under Sections 143, 144, 147, 148, 307 read with Section 149 of IPC pending on the file of 45th Additional Chief Metropolitan Magistrate, Bengaluru City.

The facts briefly stated in the petition are that on the complaint filed by Rakesh S/o Moorthappa, the police have registered the case. The allegations are that on 24.11.2016 morning at 11.30 a.m. a person called Sagar came to him and threatened with dire consequences for the reason that the complainant has tried to assault his brother. Later in the evening at 6.45 p.m. when he was going near the ground at Karle factory accused Nos.1 to 5 have assaulted him with an intention to commit murder.

After investigation the police have submitted the charge sheet wherein the petitioner is arraigned as accused No.6. After filing of the charge sheet the police officials are making attempts to arrest the petitioner. Therefore the petitioner had filed a bail application before the Sessions Court, but it was rejected.

Heard the learned counsel for the petitioner and learned High Court Government Pleader for respondent-State. Perused the prosecution records available at this stage.

The learned counsel for the petitioner would contend that there are no specific allegations against the petitioner in the complaint about the overt acts done by him. It is only stated in the charge sheet that the petitioner accused No.6 along with accused no.5 have assaulted the complainant with their

hands. The wound certificate discloses that the complainant got injured in an accident, but not on account of the assault done by the accused petitioner. Thus it is evident that the petitioner has been falsely implicated in this case. In the event of arrest and detention the petitioner will be put to great hardship and injustice.

Per contra, the learned High Court Government Pleader submitted that on account of the assault done by the accused Nos.1 to 5 and petitioner the complainant sustained the injuries and was admitted in the hospital. There are no grounds to hold that the petitioner has been falsely implicated in this

case. The charge sheet was filed in the year 2017, but the petitioner was absconding.

As could be seen from the records initially the name of the petitioner accused No.6 was not found in the complaint. later in the charge sheet he is arraigned as accused No.6. During the course of argument it is submitted that earlier the petitioner accused was granted bail, but he was unable to comply with the condition of surrendering before the Investigating Officer within two weeks because of his health problems. Therefore the petitioner once again approached the Sessions Court for modification of the condition, but the said application was rejected. Then the petitioner once again filed a bail petition seeking anticipatory bail before the Sessions Court. But it was rejected.

It is pertinent to note that the petitioner has not complied with the conditions of earlier bail order. Under these circumstances, the petitioner ought to have made out grounds for his failure to appear before the Investigative Officer. However, considering the reasons assigned by the petitioner regarding his health problem this Court is of the view that one more opportunity may be given for compliance of terms and conditions. Hence, the

following:

ORDER

Criminal petition is allowed.

Consequently, the petitioner is ordered to be released on bail in the event of his arrest in connection with Crime No.1084/2016 of Peenya Police Station registered for the offences punishable under Sections 143, 144, 147, 148, 307 read with Section 149 of IPC pending on the file of 45th Additional Chief Metropolitan Magistrate, Bengaluru City, subject to following conditions:

i. The petitioner shall appear before the Investigating Officer within 15 days from the date of receipt of certified copy of this order. On appearance of petitioner, the Investigating Officer shall interrogate and release him on bail;

ii. The petitioner shall execute personal bond in a sum of Rs.1,00,000/- (Rupees One lakh only) with two sureties for the like sum to the satisfaction of the Investigating Officer;

iii. The petitioner shall co-operate in the investigation, and he shall appear before the Investigating Officer as and when required;

iv. The petitioner shall not threaten or allure the prosecution witnesses; and

v. The petitioner shall mark his attendance in respondent- Peenya Police Station, on 1st of every calendar month until submission of the final report.