Mahesh S/o Late M. Muniyappa v. State of Karnataka, through Kalasipalya Police Station
2017-02-07
P.S.DINESH KUMAR
body2017
DigiLaw.ai
ORDER : 1. An FIR was lodged on 24.12.2016, by an on duty beat police constable of Kalasipalya police station against two accused for the offences punishable U/s. 279, 304 & 337 of the Indian Penal Code. The petitioner herein is accused No. 1 in the said crime. 2. The case of the prosecution is that on 23.12.2016, a police constable who was on duty learnt that one Sameena had sustained injuries as a lorry canter made bearing registration No. KA-51-C-5927 dashed against her. 3. On enquiry, the policeman learnt that there was verbal altercation between the petitioner and the deceased. The incident had occurred in the busy city market area. By standers tried to assault him and the petitioner tried to run away from the scene. In the melee, the victim came under the running lorry. 4. Arguing in support of the petition, Sri. Santhosha Kotari, learned counsel for the petitioner submits that there is no mensrea attributable to the accused. The incident had occurred when the petitioner tried to run for cover. The learned session Judge has not rightly appreciated the facts and rejected the bail petition. With these submissions, he prays for allowing the petition. 5. Per contra, Sri. B. Visweswaraiah, learned HCGP, strongly opposes the bail petition. 6. Admittedly, the offences alleged against the petitioner are U/Ss 279, 304, 337 of the Indian Penal Code are not punishable either with imprisonment for life or death. A careful reading of the complaint shows that when there was some verbal altercations between petitioner and the deceased, some of the members of the public sought to attack the petitioner and as such, he run for cover. Under such circumstances, he dashed against the victim and she was run over by the lorry. In the circumstances, this Court is of the considered view that in the absence of any mensrea, the petition merits consideration and deserves to be allowed.
Under such circumstances, he dashed against the victim and she was run over by the lorry. In the circumstances, this Court is of the considered view that in the absence of any mensrea, the petition merits consideration and deserves to be allowed. Accordingly, it is directed that: (i) Petitioner shall be released on bail upon his executing a self bond for a sum of Rs.50,000/- with one surety for the like sum to the satisfaction of the jurisdictional Court; (ii) Petitioner shall cooperate with the Investigating Officer during the further course of investigation and appear before him as and when called upon; (iii) Petitioner shall mark his attendance before the jurisdictional Police on every 1st and 3rd Sunday between 10 a.m. & 1 p.m. till the charge sheet is filed; (iv) Petitioner shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or investigating officer; (v) Petitioner shall not involve himself in any criminal activities; (vi) If the petitioner violates any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.