S Ravichandra @ Ravi and Others vs State of Karnataka

H. Billappa

The petitioners have filed this petition u/s 438 Cr.P.C. praying for grant of anticipatory bail.

It is stated in the petition, the petitioners are innocent of the offences alleged against them and they have been falsely implicated in the case. The petitioners are ready to offer surety and abide by all the conditions that may be imposed. Therefore, the petitioners have prayed for grant of anticipatory bail.

It is alleged, the complainant and the petitioner No. 6 are known to each other. During August 2010, the petitioner No.6 borrowed Rs. 1,00,000/- from the complainant. When the complainant asked the petitioner No. 6 to return the amount, the petitioner No. 6 was evasive. The complainant had borrowed money from his friends to pay to the petitioner No. 6. Complainant''s friends were demanding money. On 26.07.2011, the lodged the complaint with the Vijayanagara Police Station. The petitioner No. 6 was advised to repay the amount. He did not repay the amount. On 10.09.2011, when the complainant called the petitioner No. 6, he told him that he would pay the amount if the complainant comes to Kadukothanahalli Village. The complainant went to Kadukothanahalli village along with his uncle Krishna, relative Devaraju and Umesh. At that time petitioner the Nos.1 to 5 and two others assaulted the complainant and the others and damaged the car. By that time, the petitioner No. 6 came there and instigated the petitioner Nos. 1 to 5 and the others. They assaulted Devaraju and Krishna and snatched away gold chain with small diamond pendent. The petitioner No. 6 informed the K.M.Doddi Police. The Police came to the spot and took them to the police station. At that time one Mahadevaswamy pacified them and told them to solve their problem by mutual discussion. It is alleged the petitioner No. 6 and the others have not come for settlement and gold chain is not returned. Therefore, a complaint has been lodged and a case in crime No. 239/2011 of K.M. Doddi Police Station for the offence punishable under sections 143, 147, 148, 427, 323, 506, 327, 504, 114 R/w. 149 of IPC has been registered.

The learned counsel for petitioners contended that the petitioners are innocent of the offences alleged against them and they have been falsely implicated in the ease. He also submitted that this dispute is civil in nature and the incident has occurred on 10.09.2011 and the complaint has been lodged on 23.09.2011 and there is delay in lodging the complaint and therefore, the petitioners can be granted anticipatory bail.

As against this, the learned Government Pleader submitted that the investigation is going on and the petitioners are required for investigation and serious allegations have been made and therefore, the petitioners cannot be granted anticipatory bail.

I have carefully considered the submissions made by the learned counsel for the parties.

The point that arises for my consideration is;

Whether the petitioners can be granted anticipatory bail?

It is relevant to note, the allegations are that petitioner No, 6 had borrowed Rs. 1,00,000/- from the complainant and it was not repaid. On 26.07.2011 a complaint was lodged and the petitioner No. 6 was advised to repay the amount. He did not repay the amount. On 10.09.2011, the complainant called petitioner No. 6 and asked the money. The petitioner No. 6 told him that if the complainant comes to Kadukothanahalli village he would pay the amount. Accordingly, the complainant, his uncle Krishna, relative Devaraju and Umesh went to Kadukothanahalli village. At that time, the petitioner Nos. 1 to 5 and two others assaulted the complainant and the others and damaged the car. By that time, the petitioner No. 6 came there and instigated the petitioner Nos. 1 to 5 and the others. They assaulted Devaraju and Umesh, It is stated, the petitioner No. 6 informed K.M. Doddi police station and the police came there and took them to the police station. The allegations indicate that the incident has occurred in the background of money transaction. The incident has occurred on 10.09.2011 and the compliant has been lodged on 23.09.2011. There is delay in lodging the complaint. The petitioners are available for investigation. Therefore, the petitioners can be granted anticipatory bail subject to certain conditions.

Accordingly, the petition is allowed and the petitioners are granted anticipatory bail subject to the following conditions.

i) In the event of their arrest in Cr. No. 239/2011 of K.M. Doddi Police Station, the petitioners shall be released on bail on their executing a bond for a sum of Rs. 20,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer.

ii) The petitioners shall appear before the Investigating Officer within five days from today and shall cooperate with the Investigating Officer for further investigation as and when required including recovery.

iii) The petitioners shall not tamper with the witnesses.

iv) If the petitioners violate any condition, the respondent-State can move for cancellation of the Bail.