MAHANTESH S/O KALLAPPA AARI vs THE STATE OF KARNATAKA

This criminal petition is filed by the petitioner

under Section 438 of the Code of Criminal Procedure

in connection with Hanumasagar P.S. in Crime

No.127/2017 for offences punishable under Sections

302, 3323, 354, 354A(1)(ii), 504, 506 read with

Section 34 of the Indian Penal Code, 1860. Due to

apprehension of the arrest by the Police, this petition

has been filed by the petitioner seeking anticipatory

bail in the event of his arrest among the grounds

urged therein.

The brief facts of the case are as under:

On 20.08.2017 at about 06:00 p.m. when the

complainant was present in her house, the accused

persons had came near the house of the complainant

and abused her in filthy language and when the

complainant had come out from the house, in the

meanwhile, that the petitioner/accused Mahantesh

pushed and pulled her saree in order to outrage her

modesty and Ameenappa assaulted over her person

and other accused persons kicked over her person

made her to fell on the ground and that the accused

persons were not only abused the complainant in

filthy language, but also extended life threat and the

same reveals in the complaint and as a result of that

the complainant sought some injuries. In pursuance of

the act of the accused, on filing of the complaint by

the complainant, crime came to be registered against

the accused, as wherein the Investigating Officer

taken up the investigation and the same is still under

investigation.

Heard the learned counsel for the petitioner

- accused No.1 and the learned HCGP for the

respondent - State.

Whereas, the co-accused Nos.2 to 4 have

already been granted bail by the Trial Court relating to

the case in Crime No.127/2017, wherein the incident

took between the complainant and the accused, as the

accused were passing urinals and same reveals in the

complaint, the said act made by the accused was

questioned by the complainant. Therefore, the

accused picked up quarrel with the complainant by

abusing in filthy language and made her to assault.

This theory has been set up by the complainant in

order to file a complaint before the respondent -

Police, as where the crime came to be registered for

the alleged offences. Though the accused did not

commit alleged offences and despite of it, the Police

are making hectic efforts to arrest this accused

without there being any reason. It is further submitted

that the accused hails from a respectable family and

he is having respect in the eye of society and

moreover the accused is ready to abide by any terms

and conditions imposed by this Court while granting

bail to him. On all these grounds, the learned counsel

for the petitioner prayed to enlarge the petitioner on

bail as sought for.

Per contra, the learned HCGP for the

respondent - State vehemently contended that the

case in Crime No.127/2017 came to be filed on filing

of the complaint by the complainant, wherein the

accused picked up quarrel with the complainant and

also abused in filthy language as well as made her to

outrage her modesty by pulling and pushing and the

same is reflected in the complaint as well as in the FIR

said to be recorded by the Police. As this accused is

absconding since from committing the alleged

offences and that itself indicates that there is prima

facie materials against the accused in commission of

offences. On all these grounds, the learned HCGP

seeking for dismissal of the bail petition filed by this

petitioner.

Having regard to these contentions taken

by the learned counsel for the petitioner relating to

the case in Crime No.127/2017 as well as the learned

HCGP for the State are concerned, it is relevant to

state that the case in Crime No.127/2017 came to be

filed by the complainant, as this petitioner being

arraigned as accused No.1 in the alleged crime that

the entire allegation made in the complaint that the

accused picked up quarrel with the complainant and

also extended life threat as well as kicked over her

person and caused some injuries to the complainant.

Subsequent to registration of the crime against the

accused persons, the case in Crime Nos.126/2017 and

127/2017 are yet to be investigated by the

Investigating Officer by recording the statement of

witnesses as well as conducting the mahazar in the

presence of panch witnesses. Therefore, it is said that

at this stage, it does not require for any detailed

discussion, while considering the bail petition filed by

the petitioner, as there are substance in the

contention of the learned counsel for the petitioner

seeking for the relief of bail. Whereas, the learned

HCGP submits that if the petitioner is supposed to be

released on bail, certainly he would come in the way

of prosecution case and would destroy the evidence.

As this apprehension expressed by the learned HCGP,

could be curtailed by imposing certain suitable

conditions to safeguard the interest of the

prosecution. Therefore, for the aforesaid reasons as

well as under the circumstances of the case, I am of

the considered opinion that the petitioner is deserving

for bail. Accordingly, I proceed to pass the following:

ORDER

The bail petition filed by the petitioner under

Section 438 of the Code of Criminal Procedure is

hereby allowed, subject to the following conditions:

(1) The petitioner shall appear before the Investigating Officer within 20 days from the date of receipt of a copy of this order and shall execute a bond for a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of him, in the event of his

arrest by the Hanumasagar P.S. in Crime No.127/2017.

(2) The petitioner shall co-operate with Investigating Officer during the course of investigation, if necessary .

(3) The petitioner shall not tamper or hamper the case of prosecution witnesses.

(4) The petitioner shall mark his attendance once in fortnight as per the English monthly calendar in between 10.00 a.m. and 5.00 p.m. for a period of three months before the concerned SHO.

(5) The petitioner shall not indulge with any other criminal activities henceforth.

If the petitioner violates any of the conditions,

the bail order shall automatically stand ceased.