Chikkappaiah S/o Chikka Hanumaiah v. State By Chintamani Rural Police
2018-03-15
K.SOMASHEKAR
body2018
DigiLaw.ai
ORDER : 1. This petition is filed by the learned counsel for the petitioners under Section 438 of Cr.P.C. with a prayer to enlarge the petitioners on bail in the event of their arrest in Cr.No.14/2018 of Chintamani Rural Police Station, Chikballapura for the offence punishable under Sections 143, 147 148, 323, 324, 447, 354(B), 504 and 506 read with Section 149 of IPC and under Section 3(i)(s) and 3(1)(r) of SC/ST (POA) Act. 2. Heard learned counsel for the petitioners and learned HCGP for the State. 3. The brief facts of the petition are as under: One K.V.Narayanaswamy, S/o Venkatarayappa gave statement to the respondent police alleging that there was a dispute between Anjinamma the relative of the complainant and petitioner no.1 herein with regard to a site in their village. Anjinamma had approached the Civil court against the petitioner no.1 and had obtained an order of status quo. The order of status quo was furnished to the respondent police. In this connection both the parties were called to the police station to ascertain the said facts and to maintain status quo as there was civil dispute emerging in between them. On 13.1.2018 during the night hours petitioner no.1 being accused and his family members trespassed in the said site by constructing walls in order to build a shed. The same was questioned by Anjinamma and others. By that time, there was quarrel in between them and the accused assaulted with means of clubs and abused them in a filthy language. The same has been transpired in the complaint lodged before the police. Based upon this complaint, the police registered a case in Cr.No.14/2018 for the offences punishable under the Sections referred above and proceeded for investigation. 4. During the course of the arguments, the learned counsel for the petitioners contended that the accused are innocent persons and they have not at all involved in the alleged offences despite of it, the complainant has filed the complaint and a false case has been registered against the petitioners with an oblique motive just to give harassment to the accused. It is further contended that there is a civil dispute emerging in between the complainant group as well as the accused group. The same shall be considered apart from other grounds urged in this petition for seeking relief of bail.
It is further contended that there is a civil dispute emerging in between the complainant group as well as the accused group. The same shall be considered apart from other grounds urged in this petition for seeking relief of bail. It is further contended that the petitioners/accused hail from respected family and having respect in the eye of society and moreover, the accused were ready to abide by any terms and conditions imposed by this court while granting bail to them. All these grounds are urged by the learned counsel for the petitioners seeking anticipatory bail. 5. Learned counsel for the petitioners produced a copy of the order dated 6.3.2018 passed by this Court in Crl.P.No.1300/2018 wherein the counter case in Cr.No.14/2018 the accused are granted anticipatory bail. On this ground also, the petitioners urged this court for releasing them on bail. 6. Learned HCGP for the State by reiterating the averments made in the complaint contends that there is a primafacie case existing against the petitioners for having committed the alleged offences by unlawful assembly and assaulted the injured with means of clubs and also abusing in filthy language. The same has been reflected in the complaint and also borne out in the FIR said to be recorded. Under these grounds, learned HCGP sought for dismissal of bail petition contending that if the accused were to be released on bail certainly they would come in the way of prosecution case and destroy evidence. 7. Having regard to the contentions urged by the learned counsel for the petitioners as well as learned HCGP for the State, it is relevant to state that based upon the complaint lodged by the complainant the case in Cr.No.14/2018 came to be registered for the alleged offences as stated in the FIR sought to be recorded by the Police wherein the accused were in unlawful assembly and assaulted with means of club and abused in a filthy language. However, there is a counter case in Cr.No.15/2018 of Chintamani Rural Police Station which is pending against one Sandeep and others and both the cases in Cr.No.14/2018 and 15/2018 are still under investigation by the IO who is recording statement of witnesses and so also drawing mahazar. Therefore, at this stage, it need not be discussed in detail while considering the bail petition filed by the petitioners.
Therefore, at this stage, it need not be discussed in detail while considering the bail petition filed by the petitioners. Whereas, the learned HCGP for the State submits that if the accused are supposed to be released on bail, certainly they would come in the way of prosecution and destroy the evidence. The apprehension made by the learned HCGP could be curtailed by imposing suitable conditions to safeguard the interest of the prosecution. Therefore, for the aforesaid reasons and in the facts and circumstances of this case, I am of the considered opinion that petitioners deserves bail. Accordingly, I have to proceed to pass the following: ORDER The bail petition filed by the petitioners under Section 438 of Cr.P.C. is hereby allowed subject to following conditions: (I) Petitioners/accused shall appear before the IO of Cr.No.14/2018 within a period of 20 days by executing a personal bond for a sum of Rs.50,000/each with a likesum surety to the satisfaction of IO, in the event of their arrest. (II) Petitioners/accused shall not tamper or hamper the case of the prosecution. (III) Petitioners/accused shall cooperate with IO during the course of investigation. (IV) Petitioners/accused shall not indulge with any criminal activities henceforth. (V) If the petitioners/accused violate any of these conditions, the bail order shall automatically stands ceased.