Research › Search › Judgment

Karnataka High Court · body

2017 DIGILAW 193 (KAR)

ANJINAPPA S/O VENKATARAMANAPPA v. STATE OF KARNATAKA BY BAGEPALLI POLICE STATION

2017-02-01

P.S.DINESH KUMAR

body2017
ORDER : 1. Petitioners in Crl. P. No. 488/17 are accused Nos. 3, 6, 7, 8, 12, 13, 14, 15 and 17 and petitioner in Crl. P. No. 545/17 is accused No. 18 in Crime No. 316/16 registered by the Bagepalli police station for the offences punishable under sections 143 and other offences including section 307 of IPC. 2. Heard Sri. S.G. Rajendra Reddy, learned counsel for the petitioners-accused and Sri. B. Vishweshwaraiah, learned High Court Government Pleader for the respondent-State. 3. Sri. S.G. Rajendra Reddy, learned counsel for the petitioners submitted that a complaint dated 16.12.2016 was lodged against only two accused viz. Murthy and Gangaraju alleging commission of various offences under the provisions of Indian Penal Code. However, based on further statements recorded by the police, the custody of the petitioners herein was sought by filing remand application before the Magistrate. Pursuant thereto, the petitioners have been taken into custody and confined in Jail. The petitioners are innocent and in no way connected nor they were named in the F.I.R. Adverting to the complaint, he submits that only it contains description of overt acts of accused No. 2, whose name is found in the F.I.R. He argued that the petitioners have been involved as an after thought and prays for allowing this petition. 4. Opposing the petition, learned HCGP submitted that the petitioners are alleged with commission of various offences including Section 307 of IPC. The incident has taken place at a ‘Toll Plaza’ and the victims having not known the names of the petitioners may not have included them in the complaint. Based on the outcome of preliminary investigation, which revealed that the petitioners were involved in the crime, remand application was filed seeking judicial custody of the petitioners. With these submissions, learned HCGP prays for dismissal of this petition. 5. I have carefully considered the submissions of the learned advocates and perused the complaint. 6. Only two names are found in the initial complaint. Overt act of accused No. 2 has been described in the complaint. The medical certificates made available by the learned counsel for the petitioners in respect of four victims viz. Ramanjaneyalu, N. Srinivasa, Narayanaswamy and Suresh show that the injuries are simple in nature. Pursuant to the application for remand, the petitioners have been taken into custody and confined in Jail. The medical certificates made available by the learned counsel for the petitioners in respect of four victims viz. Ramanjaneyalu, N. Srinivasa, Narayanaswamy and Suresh show that the injuries are simple in nature. Pursuant to the application for remand, the petitioners have been taken into custody and confined in Jail. As names of petitioners are not found in the complaint nor any credible material placed before this court to make out a prima facie case against the petitioners, in my considered view, these petitions merit consideration and deserved to be allowed. 7. The petitioners shall be enlarged on bail in Cr. No. 316/2016 of Bagepalli police station subject to following conditions. (a) They shall be released on bail upon each of them executing a personal bond for a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the Trial Court. (b) They shall not tamper or attempt to tamper any of the prosecution witnesses. (c) They shall not hold out threats to the prosecution witnesses or lure them in any manner. (d) They shall not involve in any criminal activities. (e) They shall attend the Trial Court regularly on all dates of hearing and shall cooperate with the learned Trial Judge to conduct the trial. (f) They shall mark their attendance at the Jurisdictional Police Station on 1st and 3rd Sunday of every month between 10 a.m. and 3 p.m. till charge sheet is filed. (g) If the petitioners violate any one of the conditions, the prosecution shall be at liberty to seek for cancellation of bail. Petitions are allowed.