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2020 DIGILAW 1140 (KAR)

K. Mallikarjuna @ Malli v. State Of Karnataka

2020-06-19

ASHOK G.NIJAGANNAVAR

body2020
JUDGMENT Ashok G Nijagannavar, J. - This petition is filed by the petitioner/accused No.3 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent-police to release the petitioner/ accused no.3 on bailin the event of his arrest for the offences punishable under Section 32 and 34 of Karnataka Excise Act, 1965 and Section 273, 284, 307, 308, 324, 332 and 353 read with Section 34 of IPC registered in Crime No.42 of 2020 of Sirigeri Police Station. 2. The case of prosecution is that on the report submitted by the P.S.I, Sirigeri Police Station, case was registered at Police Station Crime No.42 of 2020, wherein the petitioner is arrayed as accused No.3. The allegations are that on 11.04.2020 evening at 7.00 p.m. the complainant on receiving credible information about sale of illicitliquor near the land of Sanna Pottaiah, the complainant along with his staff and panchas went to the spot and they noticed that four persons were selling the illicitliquor. Those persons by looking at the complainant and his staffin the uniform started pelting stones on them. As a result of which, one of the staff namely H.C.-392 sustained the head injury. One of the accused persons was apprehended at the spot, on enquiry, he disclosed the names of other three persons who were involved in sale ofillicitliquor. The accused have committed the offence punishable under Sections 32 and 34 of the Karnataka Excise Act, 1965 and Sections 273, 284, 307, 308, 324, 332 and 353 read with section 34 of IPC. 3. After registering the case police officials are making attempt to arrest the petitioner/accused No.3. Hence, the petitioner had approached the Sessions Court for seeking anticipatory bail , but the same was rejected. 4. Heard the learned counsel for the petitioner and learned HCGP. Perused the prosecution records. 5. It is the submission of the learned counsel that the petitioner/accused no.3 has been falsely implicated in this case, even though he has not involved in the alleged offences. The police officials are making attempt to arrest the petitioner, in the event of arrest and detention; petitioner would be put to great hardship. 6. Per Contra, the learned HCGP submitted that the petitioner and other accused persons were not only involved in sale of illicitliquor but they have also attempted to commit murder of the police officials. Thus, there are no justifiable grounds for granting anticipatory bail. 6. Per Contra, the learned HCGP submitted that the petitioner and other accused persons were not only involved in sale of illicitliquor but they have also attempted to commit murder of the police officials. Thus, there are no justifiable grounds for granting anticipatory bail. 7. The averments made in the complaint disclose that the accused persons have pelted stones at the complainant and other staff when they had gone conducting the raid. They have not only attempted to commit the offence punishable under Section 307 of IPC and they have also caused obstruction to their duty thereby they have committed of fence punishable under Sections 273, 284, 308, 324, 332 and 353 read with section 34 of IPC. At this stage no medical records are not forthcoming to show that either the complainant or panchas and any other staff have sustained the injuries. According to the prosecution, only one staff member had sustained the minor injuries. Therefore at this juncture there is no convincing material to prove the prima-facie case of the prosecution regarding involvement of the petitioner/accused No.3. At this stage, it is needless to make elaborate discussion or give any specific findings about these records as the same are not permissible while considering the bail application. 8. While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and fullinvestigation and there should be prevention of harassment, humiliation and unjustified detention of the accused. 9. Arrest should be the last option and it should be restricted to those exceptional cases where arresting the accused is imperative in the facts and circumstances of that case. The court must carefully examine the entire available record and particularly the allegations which have been directly attributed to the accused and these allegations are corroborated by other material and circumstances on record. 10. Considering the facts and circumstances and the submissions of the counsels goes to prove the apprehension of the petitioner regarding the arrest and detention. The apprehension of the prosecution regarding tampering of the witnesses can be set right by imposing stringent conditions. For the forgoing reasons, this Court is of the view that there are valid grounds for granting bail subject to certain conditions. 11. The apprehension of the prosecution regarding tampering of the witnesses can be set right by imposing stringent conditions. For the forgoing reasons, this Court is of the view that there are valid grounds for granting bail subject to certain conditions. 11. In view of the discussions made above, I proceed to pass the following: ORDER The criminal petition is allowed. The petitioner/accused No.3 is directed to appear before the Investigating Officer of the concerned police station within fifteen days from the date of receipt of certified copy of this order on any working day and on his appearance, the Investigating Officer shallinterrogate the petitioner and enlarge him on bailin Sirigeri Police Station Crime No.42 of 2020, subject to the following conditions: i. The petitioner shall furnish a personal bond for a sum of Rs.50,000/ (Rupees fifty thousand only) with two sureties for the likesum to the satisfaction of the Investigating Officer. ii. The petitioner shall appear before the Investigating Officer and the Court as and when required. iii. The petitioner shall co-operate in the investigation. iv. The petitioner shall not threaten or allure any of the prosecution witnesses. v. The petitioner shall give attendance every week on Sunday at 10.00 a.m. to 5.00 p.m. tillfiling of the charge sheet. Violation of the above conditions would result in cancellation of the bail automatically.