Yallappa vs The State of Karnataka

H. Billappa, J.—The petitioner who is accused No. 2 in Crime No. 134/2014 of Lokapur Police Station has filed this petition under Section 438 of Cr.P.C. praying for grant of anticipatory bail.

It is stated in the petition that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the case. The petitioner is ready to abide by all the conditions that may be imposed by this Court. Therefore, the petitioner has prayed for grant of anticipatory bail.

A case in Crime No. 134/2014 of Lokapur Police Station has been registered against the petitioner and the other accused for the offences punishable under Section 341, 504, 143, 147, 148, 307 and 323 R/w Section 149 of IPC. It is alleged that on 16.08.2014 in the morning when the complainant was proceeding on his motorcycle towards his village, a dog came barking. The complainant stopped his motorcycle. At that time, the petitioner, A1 and the other accused came there and abused the complainant. A1 assaulted the complainant with the stone. The petitioner and A3 assaulted the complainant with their hands. A5 held the complainant. A4 dealt a blow on the private part of the complainant. A3 pressed the private part of the complainant. One Prakash Sangappa Chittaragi and Bhimappa Holabasappa Tummaramatti pacified the quarrel. The investigation is going on.

The learned counsel for the petitioner contended that the petitioner is innocent of the offences alleged against him and he has been falsely implicated in the case. The overt-act attributed to the petitioner is that he assaulted the injured with his hands. The injured is discharged from the hospital. The petitioner is ready to join the investigation. Therefore, the petitioner can be granted anticipatory bail.

As against this, the learned Government Pleader submitted that overt-act has been attributed to the petitioner and he is required for investigation and therefore, the petitioner cannot be granted anticipatory bail.

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

It is relevant to note, it is alleged, on 16.08.2014 in the morning when the complainant was proceeding on his motorcycle towards his village, a dog came barking. The complainant stopped his motorcycle. At that time, the petitioner, A1 and the other accused came there and abused the complainant. A1 assaulted the complainant with stone. The petitioner and A3 assaulted the complainant with their hands. A5 held the complainant and A4 dealt a blow on the private part of the complainant. A3 pressed the private part of the complainant. The wound certificate shows that the injured has sustained four injuries. Injury Nos. 1 and 4 are simple in nature and injury Nos. 2 and 3 are grievous in nature. It is stated, the injured has been discharged from the hospital. The petitioner is ready to join the investigation. In the circumstances, the petitioner can be granted anticipatory bail subject to certain conditions.

Accordingly, the criminal petition is allowed and the petitioner is granted anticipatory bail subject to the following conditions:

"i) In the event of his arrest in Crime No. 134/2014 of Lokapur Police Station, the petitioner shall be released on bail on his executing a bond for a sum of Rs. 25,000/- with one surety for the likesum to the satisfaction of the I.O.

ii) The petitioner shall not tamper with the witnesses or evidence.

iii) The petitioner shall appear before the I.O. within two days from today and cooperate with the investigation as and when required.

iv) The petitioner shall mark his attendance in Lokapur Police Station once in fifteen days on a Monday between 4:00 p.m. to 5:00 p.m. till the final report is submitted.

v) In the event charge sheet is filed against the petitioner, the petitioner shall appear before the Court regularly without fail.

vi) If any condition is violated, the State can move for cancellation of the bail."