Chandrappa S/o Siddappa v. State of Karnataka Through M. B. Nagar Police Station and Additional Public Prosecutor
2017-02-02
B.A.PATIL
body2017
DigiLaw.ai
ORDER : This petition is filed by the petitioners under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.136/2016 of MB Nagar Police Station, Kalaburagi, registered for the offences punishable under Sections 353 and 307 of IPC. 2. Brief facts leading to filing of the complaint are that, On 17.11.2016 at about 12.00 noon, the Deputy Commissioner visited several spots and thereafter, came to Ring road near Kharge Petrol Pump and left the complainant in the departmental vehicle after directing him to make enquiry about the tractors loaded with sand parked by the side of the road near Veerashaiva Kalyana Mantap and to give information about the said tractors. When the complainant was proceeding near the tractors which are loaded with sand, the drivers of the said tractors attempted to run the tractors over him. The complainant escaped with great difficulty. It is further alleged in the complaint that the said drivers left the tractors and fled away from that place. In that context, a complaint was registered to take action against the accused persons. 3. Heard the arguments of the learned counsel for the petitioners and learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioners are that in the earlier complaint it was mentioned that there were no persons near the said vehicle when they were parked, but later on, in the present complaint, it has been mentioned that when the complainant went for the purpose of making enquiry, the driver of the said tractors tried to run the said tractors over him and thereby, they have tried to kill him. That itself is a fishy thing which has been noticed from both the complaints. He has further contended that the offences alleged against the petitioners are not punishable with death or imprisonment for life and petitioners are members of the respectable family and they have got both movable and immovable properties therefore, there is no chance of they being absconded. It is further contended that if the petitioners are released on bail, they are 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. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the petitioners have committed serious offences.
On these grounds, he prays for allowing the petition. 5. On the contrary, learned High Court Government Pleader appearing for the respondent-State vehemently contended that the petitioners have committed serious offences. When the government servant was on duty, they have tried to run the tractors over him and thereby, they have tried to finish him. The offences alleged against the petitioners are considered to be serious offences. He has further contended that petitioners were not available either for the purpose of interrogation or investigation as such, the investigation has been hampered. At this juncture, if the petitioners are released on bail, there is likelihood of they being absconded and they may not be available for trial. On these grounds, he prays for dismissal of the petition. 6. I have perused the FIR, complaint and other material produced along with the petition. Even though the complaint discloses that when the complainant went near the tractors, the drivers of the said tractors speeded up the said vehicles and have tried to run over the complainant and thereby, they had an object of killing him, but all these things have to be considered and appreciated only at the time of trial. Even though the accused persons have committed serious offence of running loaded tractors on a government servant who is on duty, but only on that ground the bail cannot be rejected because of the reason that the alleged offences are not punishable with death or imprisonment for life. The apprehension of the prosecution can be safeguarded by imposing stringent conditions. However, it is observed that if the petitioners again involve in such type of activities, the prosecution is at liberty to move the Court for cancellation of bail. 7. Keeping in view the above facts and circumstances of the case, the petition is allowed. The-respondent-Police are hereby directed to release the petitioners on bail, in the event of their arrest, for the above said offences, subject to the following conditions : i. The petitioners shall surrender before the concerned police or jurisdictional Court within seven days from the date of receipt of a certified copy of this order. ii. The petitioners shall execute personal bonds for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two solvent sureties each for the like sum to the satisfaction of the arresting authority/jurisdictional Court. iii.
ii. The petitioners shall execute personal bonds for a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) each with two solvent sureties each for the like sum to the satisfaction of the arresting authority/jurisdictional Court. iii. The petitioners shall not tamper with any of the prosecution witnesses directly or indirectly. iv. The petitioners shall appear before the investigating officer as and when required and co-operate for investigation. v. The petitioners shall mark their attendance before the Investigating Officer once in fortnight till the charge sheet is filed;