Ananda Gowda vs The State

Budihal R.B, J.—This is the petition filed by the petitioners/accused Nos. 1 to 5 and accused No. 14 u/s 438 of Cr.P.C. seeking anticipatory bail to release the petitioners on bail in the event of their arrest in Crime No. 112/2014 registered in respondent-police station for the offences punishable under Sections 143, 147, 504, 506, 448, 427 and 392 R/W 149 of IPC and also Section 9B(b) of Explosive Act.

Heard the arguments of the learned counsel appearing for the petitioners/accused Nos. 1 to 5 and 14 and also heard the learned High Court Government Pleader for the respondent-State.

Learned counsel for the petitioners during the course of his argument made the submission that looking to the complaint allegations they are general allegations against group of persons who are alleged to have come to the house of complainant and made galata and caused damage to the household articles. Learned counsel submitted that there are no specific allegations against each of the accused persons and also the nature of the offences that they have committed. He also submitted that according to the complaint averments, the accused by name Sonu has blasted the country made bomb. He produced the copy of the bail order granted by the learned J.M.F.C. court at Belthangady, Dakshina Kannada in Crl. P. No. 112/2014. Hence, he made the submission that there is no allegation of any specific damage alleged to have been made by each of the petitioners. Now the investigation of the case is completed and charge sheet has be in filed. The other accused persons were granted anticipatory bail by the order of this court. Hence, by imposing reasonable conditions petitioners may by enlarged on bail.

As against this, learned High Court Government Pleader during the course of his argument made the submission that looking to the complaint averments and also statement of witnesses recorded by the investigating officer during the investigation it prima-facie goes to show the involvement of the present petitioners in committing the alleged offences. They are the eye witnesses to the alleged incident. All these petitioners are absconding since from the date of incident and investigating officer has to interrogate accused persons. Hence, they are not entitled to be granted with bail.

I have perused the averments made in the bail petition and other charge sheet material produced by the learned counsel for the petitioners along with the petition and also bail order granted by the J.M.F.C. Court, Belthangady in respect of accused Sonu and the anticipatory bail order granted by this court dated 11.08.2014 in Crl. P. No. 4196/2014. This court has considered the entire merits of the case and ultimately allowed the petition and granted anticipatory bail to the petitioners in the said petition. Now the investigation is completed and charge sheet has been filed. All the offences are triable by the Magistrate court. Alleged offences are not exclusively punishable with death or imprisonment for life. On the ground of parity also the present petitioners are entitled to be granted with bail.

Hence, petition is allowed. Respondent-police are directed to release the petitioners/accused Nos. 1 to 5 and 14 on bail in the event of their arrest in Crime No. 112/2014 registered in respondent-police station for the offences punishable under Sections 143, 147, 504, 506, 448, 427 and 392 R/W 149 of IPC and also Section 9B(b) of Explosive Act, subject to the following conditions:

Each Petitioner to execute a personal bond for Rs. 25,000/-(Rupees Twenty Five Thousand Only) and to furnish one solvent surety for the likesum to the satisfaction of the concerned Court.

Petitioners shall not tamper the prosecution witnesses directly or indirectly.

Petitioners shall appear before the Investigating Officer for interrogation, whenever called for.

Petitioners shall appear before the concerned Court within thirty days from the date of this order and execute the personal bond and also the surety bond.