Research › Search › Judgment

Karnataka High Court · body

2017 DIGILAW 1117 (KAR)

Rambabu S/o Bhojanna Annagouni v. State of Karnataka Muddebihal Police Station

2017-08-03

B.A.PATIL

body2017
ORDER : This petition is filed by the petitioner/accused No.1 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.135/2017 of Muddebihal Police Station, registered for the offences punishable under Sections 109, 341, 323, 354(B), 307, 504, 506 R/w Section 34 of IPC. 2. The gist of the complaint is that, The complainant was returning from her college after appearing for II year P.U. examination on 05.07.2017 between 1.45 p.m. and 2.30 p.m. At that time, three unknown persons said to have bounced upon her and out of them one caught hold her hands and another person slapped on her cheek and inappropriately behaved with her and the third person holding a knife in his hand came to stab on her stomach and at that time she tried to free herself from those persons and when the people on the road started to gather, those persons said to have freed her and started to abuse her in filthy language and out of them one person said to have challenged her to lodge a complaint against them just like she had lodged against their employee. On the basis of the complaint, a case has been registered against the accused persons. 3. I have heard the learned counsel for the petitioner and the learned Additional State Public Prosecutor appearing for respondent State. 4. The main grounds urged by the learned counsel for the petitioner are that petitioner is innocent and he was not present even at the place of alleged incident and he has been roped only with a malafide intention because of the earlier illwill between the complainant and the accused. It is further contended that the brother of the complainant is the accused in another crime and only with an intention to take the revenge, the petitioner has been incorporated as an accused. It is further contended that the petitioner is having deep root in the society and he has got both movable and immovable properties, therefore, there is no chance of he being absconded. It is further contended that if the petitioner is enlarged on bail, he is ready to abide by the conditions to be imposed by this Court and they are ready to offer sureties. On these grounds, he prays for allowing the petition. 5. It is further contended that if the petitioner is enlarged on bail, he is ready to abide by the conditions to be imposed by this Court and they are ready to offer sureties. On these grounds, he prays for allowing the petition. 5. Per contra, learned Additional State Public Prosecutor appearing for the respondent-State would contend that there is direct allegation against the accused persons that when the complainant was returning from the college after attending her examinations, they have molested her and caused insult to the complainant. He would further contend that the petitioner is associate with the other accused persons, who have caused the said act. He would further contend that still investigation is in progress and the petitioner is absconding and he was not available for the purpose of investigation or interrogation. He would further contend that at this juncture, if the petitioner is enlarged on bail, he may again abscond and he may not be available for trial. On these grounds, he prays for dismissal of the petition. 6. I have gone through the copy of the complaint and other material produced along with the petition. 7. If the entire complaint is read, nowhere the over tacts or any other attribution comes to the petitioner. Even the presence of the petitioner is also not stated in the complaint or any other material. Though the learned Additional State Public Prosecutor would contend that the petitioner is an associate with other accused persons, without there being any substance, the said contention will not hold any water. Under the circumstances, I am of the opinion that the presence of the petitioner was not there and there is no over tact on the part of the petitioner and even the alleged offences are not punishable with death or imprisonment for life. Under such circumstances, I feel that by imposing some stringent conditions if the petitioner is enlarged on bail, it would meet the ends of justice. 8. For the aforementioned reasons, the petition is allowed. The respondent Police are hereby directed to release the petitioner/accused No.1 on bail, in the event of his arrest, for the above said offences, subject to the following conditions : The petitioner shall execute a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs Only) with two solvent sureties for a like sum to the satisfaction of the arresting authority. ii. ii. The petitioner shall not tamper with any of the prosecution witnesses directly or indirectly. iii. The petitioner shall appear before the investigating officer as and when required and cooperate for investigation. iv. The petitioner shall mark attendance before the concerned police every fortnight till the charge sheet is filed. v. The petitioner shall appear before the jurisdictional Court and execute personal bond, surety bond and furnish surety within thirty days from the date of receipt of certified copy of this order.