Dinesh G. vs The State of Karnataka

H.S. Kempanna, J.—The petitioner who is arrayed as Accused No. 5 in Crime No. 289/2013 on the file of the respondent - police registered for the offences punishable under Sections 427, 504, 143, 147, 148, 149, 283, 307, 353 of IPC, is before this Court praying for enlarging them on bail. The respondent police suo-motu on the complaint of their PSI registered the above case against the petitioner and 8-10 other unknown persons and took up investigation.

It is alleged among other things in the compliant that on 16.9.2013 a funeral possession of one Nithyananda @ Ananda, who had died in an accident, was being taken on the road. In front of the funeral procession, people were dancing to the beat of the drum. On account of the same, there was obstruction to traffic on the road due to slow movement of the funeral procession. Seeing the same, the police who were near the said place directed them to take the procession to a side of the road and not to obstruct the traffic moving on the road. Accordingly, the persons who were close relatives of the deceased agreed and obliged to take the funeral procession to the side of the road. At that juncture, some 10-11 persons, who were dancing in front of the procession objected to the police saying as to why they are directing to take to a side by which they are unable to dance in front of the procession. The police tried to pacify them. But they were not convinced. In the meantime, they broke the window pane of a vehicle and caused damage to the passing vehicles. Seeing the same public took objection and questioned them as to why they are not allowing the traffic to move on the road smoothly. At that juncture, the first petitioner is alleged to have threatened with dire consequences saying that who are they to question them and assaulted them. Thus, the accused along with present petitioner have committed the offence alleged against them. Petitioner is arrested on 16.9.2013 and since then he is in custody.

Learned counsel for the petitioner submits that none of the injured have sustained any serious injuries. The present petitioner has been falsely involved by the police. He submits accused No. 1 and 2 have already been released on bail by this court in Crl. P. No. 6217/2013 so also accused No. 3 in Crl. P. No. 6241/2013 and accused No. 4 in Crl. P. No. 6098/2013. Having regard to the offences alleged, the background in which it has taken place, as he is in custody since 16.9.2013 and as he is no more required for the purposes of investigation, he be released on bail.

Learned High Court Government Pleader vehemently opposed the application filed by the petitioner. Having regard to the offences alleged, the background in which the occurrence has taken place, as he is in custody since 16.9.2013, the other accused No. 1 to 4 have already released on bail by this court in the afore mentioned petitions and as he is no more required for the purposes of investigation, I do not find any justification to decline the request of the petitioner. Accordingly, I proceed to pass the following:--

ORDER

Petition is allowed.

The petitioner is ordered to be released on bail on executing a personal bond in a sum of Rs. 25,000/- with one surety for the likesum to the satisfaction of the Jurisdictional Magistrate, subject to the following conditions:--

He shall not tamper with the prosecution witnesses.

He shall make himself available to the investigating Agency as and when required for the purposes of investigation.

He shall attend the Court on all dates of hearing.