Sri. Rangaraju vs The State of Karnataka

K.N. Keshavanarayana, J.—In this petition filed u/s 438 Cr.P.C. petitioner arraigned as accused No. 2 in C.C. No. 23431/12 on the file of the V Additional CMM, Bangalore, has sought for relief of anticipatory bail apprehending his arrest by Kamakshipalya Police, Bangalore City in connection with the case registered in Crime"'' No. 63/12 for the offences punishable under Sections 307, 435, 506-B read with Section 34 of IPC. The petition is opposed by respondent - State.

I have heard both sides and perused the records made available.

According to the case of the prosecution, the aforesaid case came to be registered on the basis of the complaint lodged by one Kumari Vinutha resident of Vrushabahathinagara, Kamakshipalya, Bangalore city at about 1.30 p.m. on 30.1.2012 in respect of the incident said to have occurred at about 9.30 p.m. on 29.1.2012. Even according to the allegations made in the complaint, 3 persons named in the complaint and another who was wearing helmet came near the house of the complainant and threw burning beer bottles filled with patrol at the window of her house as a result of which the window caught fire. According to the prosecution, the name and identity of this petitioner was disclosed by accused No. 1 on his apprehension. Thus at this stage, there are no reasonable grounds to believe that the petitioner is guilty of any of the offences alleged. Admittedly, the petitioner has been arraigned as accused in the aforesaid case registered for non-bailable offences. Therefore, the apprehension of the petitioner that he is likely to be arrested is well founded.

Having regard to the facts and circumstances of the case, in my considered opinion, there are no reasonable grounds to believe that the petitioner is guilty of any of the offences alleged. Therefore, the petitioner is entitled for the relief of anticipatory bail. Hence, the petition is allowed. The respondent-Kamakshipalya Police, Bangalore City are directed to release the petitioner on bail in the event of his arrest in connection with the case in Crime No. 63/12 of the said Police Station, on his executing a personal bond for a sum of Rs. 25,000/- (twenty five thousand only) with one surety for the like-sum to the satisfaction of the arresting Officer and subject to further condition that within 15 days from today, the petitioner shall appear before the jurisdictional Magistrate where charge sheet is pending and upon such appearance, he shall be released on bail subject to conditions contained herein:

i) The petitioner shall not tamper or terrorise the prosecution witnesses in any manner;

ii) The petitioner shall not indulge in any acts similar to the one alleged in the case and

iii) The petitioner shall not leave the jurisdiction of the Court concerned without prior permission thereof.