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2020 DIGILAW 873 (KAR)

Girish And Others v. State Of Karnataka

2020-05-14

S.R.KRISHNA KUMAR

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JUDGMENT 1. Petitioners are accused Nos. 5, 6, 9, 10 and 11 in Crime No.171/2020 of Sira Police Station, Tumkuru District, registered for the offences punishable under Sections 143, 147, 148, 323, 324, 332, 353, 307, 504 r/w Section 149 of IPC. The said case was registered against the petitioners and the other accused on the basis of a complaint lodged by one Ganganna, a Police Head Constable of Sira Police Station. 2. In the complaint, it is alleged that on 21.04.2020 when the complainant was discharging his duties along with other police constables viz., Manjunatha (P.C.241), Manjunatha K.V. (P.C.722) and Manikanta (P.C.08), they received a credible information at about 5 p.m., that some persons were illegally gambling in a public place at Janakallu village. Pursuant thereto, the complainant along with PC-241 and PC-722 went to the spot at about 6 p.m., and found about 7-8 persons were gambling in the village tank bed area. Upon seeking the complainant and the other constables, the said persons started running away. The complainant and PC-241 followed them to the garden while PC-722, K.V.Manjunatha was standing in the tank bed area. After some time, they heard some noise near the said tank bed area and rushed there only to find about 15-16 persons quarrelling with PC-722. The said persons who have been arrayed as accused also assaulted the aforesaid PC-722 Manjunatha and caused injuries to him by beating and kicking him. Thereafter, the said PC-722 was admitted to the hospital and the aforesaid complaint was lodged against all the accused persons including the petitioners who were arrayed as 5,6 9, 10 and 11 as stated above. 3. Learned counsel for the petitioners submit that a perusal of the complaint would indicate that there is nothing to show the involvement of the petitioners herein in the aforesaid incident. It is contended that the complaint does not state that the petitioners herein were gambling and in fact, all the allegations with regard to gambling and the other offences i.e., assault, attempt to murder etc., are made against accused Nos. 1 to 3 who have already been arrested and are in judicial custody. It is contended that the complaint does not state that the petitioners herein were gambling and in fact, all the allegations with regard to gambling and the other offences i.e., assault, attempt to murder etc., are made against accused Nos. 1 to 3 who have already been arrested and are in judicial custody. It is therefore contended that in the absence of any material whatsoever to implicate the petitioners herein for the alleged offences, the petitioners are entitled to anticipatory bail particularly when they are ready to abide by the terms and conditions to be imposed by this Court. 4. Per contra, learned High Court Government Pleader submits that no case is made out for grant of anticipatory bail. 5. I have heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent-State and perused the material on record. 6. As rightly contended by the learned counsel for the petitioners, except the vague and bald allegations made in the complaint, the prosecution has not placed any material to indicate that the petitioners are involved in the alleged offences. It is not in dispute that the allegations revolve primarily around the accused Nos. 1 to 3 who have been arrested and are in judicial custody. In the absence of any material on record at this stage to indicate the involvement of the petitioners herein, I am of the opinion that the petitioners are entitled to anticipatory bail subject to certain conditions. 7. In the result, I pass the following: ORDER The petition is hereby allowed and in the event of arrest of the petitioners in Crime No. 171/2020 of Sira Police Station, Tumakuru District, they shall be enlarged on bail, subject to the following conditions: i) Petitioners shall execute personal bonds in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety each for the like sum to the satisfaction of the arresting Police Officer. ii) They shall not hamper the investigation. iii) They shall not tamper with any of the prosecution witnesses directly or indirectly. iv) They shall appear before the I.O. as and when they are required and called upon to do so.