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2020 DIGILAW 1914 (KAR)

Ramesha v. State Of Karnataka

2020-09-30

ASHOK G.NIJAGANNAVAR

body2020
JUDGMENT Ashok G. Nijagannavar, J. - This petition is filed by accused No.6 seeking anticipatory bail in the event of his arrest in connection with Crime No.153/2020 registered for the offence punishable under Sections 143, 147, 148, 504, 307, 324, 341, 323, 354 read with 149 of IPC by K.R.Sagar Police Station. 2. The facts briefly stated in the petition are that on the complaint filed by Smt.Lakshmamma, the Police have registered the case. The allegations are that on 23.08.2020 at about 4:30 p.m. when the complainant and her husband were carrying out the agriculture operations in their land, the accused and the petitioner, who are the owners of neighbouring land, trespassed into the complainant s land and abused the complainant and her husband in filthy language. Thereafter, they assaulted with sickle and machu with an intention to commit the murder. When the accused Chandra was assaulting the complainant s husband, the other accused were the holding his hands. The petitioner slapped on the cheek of the complainant and has pulled her saree, thereby, committed the alleged offence. The petitioner is arrayed as accused No.6. The bail petition filed by the petitioner is rejected by the III Addl. District and Sessions Judge, Mandya (sitting at Srirangapatna). 3. Heard learned counsel for the petitioner and learned High Court Government Pleader for the respondent-State. Perused the records. 4. As could be seen from the records, the allegations against the petitioner are that he has slapped the complainant on her cheek and has pulled her saree. 5. During the course of arguments, learned counsel for the petitioner would contend that on account of rivalry, the petitioner has been falsely implicated in the case. Petitioner is not the owner of the neighbouring land and he does not stay in the said village, but the complaint is filed with the vindictive motive. Accused Nos.3, 4 and 5 have been granted bail by this Court as per the order dated 24.09.2020 passed in Crl.P.4453/2020. The petitioner is entitled to bail on the ground of parity. In the event of arrest and detention, the petitioner would be put to great hardship and injustice. 6. The submission made by the learned counsel for the petitioner goes to prove the apprehension of the petitioner regarding arrest and detention. The objections raised by the prosecution can be set right by imposing stringent condition. 7. In the event of arrest and detention, the petitioner would be put to great hardship and injustice. 6. The submission made by the learned counsel for the petitioner goes to prove the apprehension of the petitioner regarding arrest and detention. The objections raised by the prosecution can be set right by imposing stringent condition. 7. In the facts and circumstances of the case, this Court is of the view that there are valid grounds for granting anticipatory bail to the petitioner subject to certain terms and conditions. Hence, this Court pass the following: ORDER Petition is allowed. Consequently, petitioneraccused No.6 is ordered to be released on bail in the event of his arrest in connection with Crime No.153/2020 registered for the offence punishable under Sections 143, 147, 148, 504, 307, 324, 341, 323, 354 read with 149 of IPC by K.R.Sagar Police Station, subject to following conditions: i) The petitioner shall surrender himself before the Investigating Officer within twenty days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the concerned Investigating Officer. The petitioner shall undergo COVID-19 test before appearing in the police station and produce the certificate. ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses. iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for. iv) The petitioner shall mark his attendance on 1st of every month in between 10.00 a.m. to 5.00 p.m., before the jurisdictional Police, till the charge sheet is filed. v) The petitioner shall not leave the jurisdiction of the Court without prior permission.