Aasad S/o Pashamiyya v. State of Karnataka through Bhalki Town Police Station
2017-02-02
B.A.PATIL
body2017
DigiLaw.ai
ORDER : This petition is filed by the petitioners/accused Nos.3 to 7, 9, 10, 12, 15 to 18, 20 and 21 under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No. 105/2016 of Bhalki Town Police Station, registered for the offences punishable under Sections 143, 147, 148, 324, 332, 353, 308 and 427 r/w Section 149 of IPC and Sections 3 and 4 of the Prevention of Damage to Public Property Act. 2. Brief facts of the case are that, one Eshwar S/o Nagappa lodged a complaint alleging that on 25.03.2016 at about 1.15 p.m. at Bhalki bus stand, about 2025 persons came there along with deadly weapons like lathi, stick, club and cricket bat, pelted the stones in front of the bus window and also assaulted the bus driver and conductor and also assaulted the passengers who were in the bus and damaged the public property to the tune of Rs.4 to 5 lakhs. On the basis of the complaint, a case has been registered initially against unknown persons and during the course of investigation, the names of the accused persons have been shown and they are apprehending their arrest, as such they approached this Court for grant of anticipatory bail. 3. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader appearing for respondent-State. 4. The main grounds urged by the learned counsel for the petitioners are that the complaint is computerized stereo type complaint, whereunder 5 to 6 cases have been registered against unknown persons only with an intention to take the revenge. It is also contended that the petitioners have not committed any offence alleged against them and they have been falsely implicated in this case. The alleged offences are not punishable with death or imprisonment for life. It is further contended that if the petitioners are enlarged 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 were not available for investigation, as such investigation has been hampered.
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 were not available for investigation, as such investigation has been hampered. He has also contended that the petitioners are highly influenceable persons and if they have been granted anticipatory bail, they may abscond, they may not be available for investigation and interrogation and they may not be available to trial. On these grounds, he prays for dismissal of the petition. 6. I have gone through the copy of the FIR, complaint and other material produced along with the petition. 7. Looking to the averments of the complaint, it reveals that about 2025 persons were gathered for the purpose of celebrating the Holi Festival and when they came near the place of incident, the other persons who were present have also participated in the gathering. At that time, the alleged incident is said to have been taken place. By going through the complaint, it clearly shows that there was a crowd consisting of more than 50 to 60 people and all the persons have participated in the alleged crime. The complaint itself in the first instance is against the unknown persons and subsequently the petitioners have been shown as accused persons. When the alleged offences are not punishable with death or imprisonment for life and as stated by the learned counsel for the petitioners that the petitioners are not the habitual offenders, they are ready to abide by the conditions to be imposed by this Court and ready to offer sureties, under such circumstances, I feel that by imposing some stringent conditions if the petitioners are enlarged on bail, it is going to meet the objections raised by the learned High Court Government Pleader and 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 petitioners/accused Nos. 3 to 7, 9, 10, 12, 15 to 18, 20 and 21 on bail, in the event of their arrest, for the above said offences, subject to the following conditions : i. The petitioners shall execute a personal bond for a sum of Rs. 2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties each for the likesum to the satisfaction of the arresting authority. ii.
2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties each for the likesum to the satisfaction of the arresting authority. ii. The petitioners shall not tamper with any of the prosecution witnesses directly or indirectly. iii. The petitioners shall appear before the investigating officer as and when required and cooperate for investigation. iv. The petitioners shall mark attendance before the concerned police once in fortnight till the charge-sheet is filed. v. The petitioners 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.