SHETTEPPA DEVANAND vs THE STATE OF KARNATAKA,

This petition has been filed by the petitioner

under Section 438 of Cr.P.C. seeking anticipatory bail

in Crime No.19/2017 registered by the Laxmeshwar

P.S. for the offences punishable under Sections 323,

324, 302 504 read with Section 34 of IPC. Due to

apprehension of arrest by the Police, this criminal

petition is filed seeking anticipatory bail, in the event

of his arrest along with other grounds urged therein.

Heard the learned counsel for the petitioner

and the learned HCGP for the respondent - State.

The brief facts of the prosecution case are

that the complaint filed by the complainant alleging

that he is the cleaner of lorry and on 05.02.2017

himself and the driver of lorry namely Shivappa

Dundappa Dhadrapur @ Gone were proceeding to

Hubballi by carrying sand loaded in the lorry. The

petitioner who is PSI chased them and made them to

stop their lorry near Pashupathihal at about 4.00 a.m.

in the wee hours and assaulted the driver with means

of his hands, sticks and kicked and threw into the

thorn. As a result of the same, the driver sustained

injuries. At the time of incident that the owner of the

lorry came and requested the accused to release the

said lorry but the accused demanded a sum of

Rs.70,000/-. Accordingly, the owner of the said lorry

was agreed to pay a sum of Rs.40,000/- and also paid

Rs.12,000/- and further informed that remaining

amount will be paid on the next day and requested

the accused to get the lorry released. The lorry owner

instructed the complainant to drop the driver to his

house. Accordingly when the complainant dropped

the driver to his house at 5.00 a.m., the said driver-

Shivappa collapsed at his house and the parents of

Shivappa took him to the private hospital at Battur

wherein the doctor had adviced to shift him to

Laxmeshwar Hospital. It is further alleged that the

complainant came to know that Shivappa has died at

about 10.00 a.m. and the complainant came to

Lakshmeshwar and saw that Shivappa''s dead body is

kept in front of Laxmeshwar Police Station and several

persons had gathered there. On the basis of the

complaint, a case came to be registered against the

accused. Thereafter proceeded with the case for

investigation.

Learned counsel for the petitioner during

his argument contended that the complaint has been

drafted by an Advocate as the information given by

the informant to him and based upon the information.

That the complaint is drafted in writing and filed

before the respondent-Police. Whereas the learned

counsel vehemently contended that the allegations

made in the complaint have set up to register the case

against the accused and roped in the alleged crime

alleging that the accused insisted the owner of lorry to

provide a sum of Rs.70,000/- and on the insistence

made by the accused, the owner of the lorry who gave

Rs.12,000/- and assured that remaining amount will

be provided on the next day. This theory is also set

up by the complainant in order to file a complaint.

But there is no material in this regard. It is further

contended that the complaint is drafted by an

Advocate. It is further contended that the death is

not caused because of the assault made by the

accused with means of hands, sticks and kicked by

their legs but because of cardiac arrest but the same

has been narrated in the complaint just to give

harassment to the accused with an oblique motive. It

is further contended that the entire material allegation

in the complaint does not disclose directly against this

accused that this accused has caused the death of the

deceased but he has lugged into the alleged crime mere because he being the PSI and also on

05.02.2017 at about 4.00 a.m. in the wee hours has

been chased the lorry which is driven by the deceased

for transportation of sand without having any valid

permission. Therefore, this accused who is absconding

since from committing alleged offence due to

apprehension of arrest by the police is seeking

anticipatory bail. As there is no reason to the accused

to commit the offence and cause the death of the

deceased as narrated in the complaint. It is further

contended that the petitioner is ready to abide by any

terms and conditions imposed by this Court, while

granting bail to him. Therefore, the learned counsel

for the petitioner praying for anticipatory bail.

On the other hand, learned HCGP for the

State who is vehemently contended on 05.02.2017 at

about 4.00 a.m. in the wee hours the petitioner has

assaulted the deceased and as a result of that he died.

It is further contended that the case is under

investigation by the Investigating Officer. He further

contended 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

and therefore, he prays for dismissal of the bail

petition.

Keeping in view of the contention which

has taken by the learned counsel for the petitioner

and as well as the learned HCGP relating to the case

in Crime No.19/2017, it is relevant to state that on

05.02.2017, the complaint which is drafted by one

Advocate by name M.N.Badagi of Laxmeshwar has

written the complaint alleging that the accused

insisted the owner of the lorry demanding a sum of

Rs.70,000/- to release the lorry and he has agreed to

pay a sum of Rs.40,000/- and thereafter he paid only

Rs.12,000/- and remaining amount will be given later

on and also narrated that the accused assaulted the

deceased with means of his hands, sticks and kicked

by his legs but there is no material to substantiate the

same. It also seen from the complaint that there is no

mention about the number of the lorry in which the

deceased and the complainant had transporting the

sand. However, subsequent to registration of crime,

the case is taken up by the Investigating Officer and

investigation is to be completed and has to lay the

charge sheet against the accused. So far as this

incident is concerned, another complaint in Crime

No.21/2017 is registered and in all more than 100

accused have been lugged into crime. The

Investigating Officer investigated the case and laid the

charge sheet against the accused in Crime

No.21/2017. It is still under investigation. Therefore,

keeping in view the submission made by learned

counsel for the petitioner, at this stage, it is said that

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 SPP, 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:

The petitioner shall appear before the

Investigating Officer of Laxmeshwar Police

Station in Crime No.19/2017 within a

period of 20 days from the date of receipt

of a copy of this order and shall execute his

personal bond in a sum of Rs.1,00,000/-

with likesum two sureties to the

satisfaction of him in the event of his

arrest;

The petitioner shall co-operate with I.O.

during the course of investigation, if

necessary;

The petitioner shall not tamper with the

prosecution witnesses and hamper the

investigation;

The petitioner shall mark his attendance

once in fortnight as per the English Monthly

Calendar till laying of charge sheet before

the SHO in between 10 am to 5 pm;

The petitioner shall not indulgence with any

criminal activities henceforth.

If the petitioner violates any of the conditions,

the bail order shall automatically stands ceased.