Prasad @ Prashant v. State of Karnataka Through The Sho. , Aland PS
2022-07-27
P.N.DESAI
body2022
DigiLaw.ai
JUDGMENT 1. This petition is filed under Section 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short), seeking to enlarge the petitioner, who is arraigned as accused, on bail in Crime No.74/2022 of Aland Police Station, registered for the offences punishable under Sections 341, 342, 365, 395 and 504 of Indian Penal Code ('the Act' for short), on the file of Prl. Civil Judge and JMFC, Court at Aland. 2. It is alleged by the prosecution that FIR came to be registered on the basis of statement of complainant who is cleaner of Bolero pickup vehicle bearing Reg.No. KA- 34-B7151 which belongs to owner by name Dilip. One Vishnu was working as driver in the said vehicle. It is alleged that on 29.05.2022 at about 10.00 p.m. complainant and driver were proceeding from Kalaburagi towards Umarga to unload rice. On the way they stopped the vehicle for lunch at about 01.00 am. Further, while they were proceeding towards Umarga near Aland Check Post, 07 to 08 persons were standing by the road side on their motorcycles. They stopped the pick up vehicle. This petitioner took the cell phone from driver and called the owner of vehicle and said that they have to perform Jatra at Aland, and asked owner to come and meet them till then they will not release the rice loaded vehicle. Thereafter, petitioner took the complainant and driver along with said rice loaded vehicle to Bheem Nagar and snatched cash of Rs.8,500/- from them and they were assaulted with club and hands. It is further alleged that complainant and driver were brought back and the vehicle was parked near check post. Thereafter, one Manjunath who is working under him came at 01.00 pm. The complainant and Manjunath came towards Aland bus stand. Accused again came there and wrongfully restrained them and took them forcibly to a land near Bheem Nagar and assaulted the complainant and others by deadly weapons like sticks and hands and caused injuries. Hence, the case came to be registered for the offences as stated above. His bail petition under Section 439 of Cr.P.C. came to be dismissed by the III Additional District and Sessions Judge, at Kalaburagi. Hence, the petitioner has filed this petition. 3. Heard Sri. R. S. Lagali, learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. 4.
His bail petition under Section 439 of Cr.P.C. came to be dismissed by the III Additional District and Sessions Judge, at Kalaburagi. Hence, the petitioner has filed this petition. 3. Heard Sri. R. S. Lagali, learned counsel for the petitioner and the learned High Court Government Pleader for the respondent - State. 4. Learned counsel for the petitioner argued that the offences are not punishable with death or imprisonment for life. If at all driver and complainant were escaped from the place, again why they returned, itself is doubtful. In fact, owner of the pickup vehicle himself is involved in a case of illegal transportation of rice which was meant for public distribution scheme. The case was registered against him under the Essential Commodities Act by the concerned authorities. There is a delay in filing the complaint and petitioner is in judicial custody since 02.06.2022. Moreover, petitioner is not required for investigation or interrogation. The petitioner is ready to abide by any conditions that may be imposed by this Court and ready to offer surety. Hence, learned counsel for the petitioner prays to allow the petition. 5. Against this, learned High Court Government Pleader argued that the alleged offences are heinous in nature. The complaint filed against the complainant under Essential Commodities Act, has nothing to do with this case. If petitioner is released on bail, the petitioner may tamper the prosecution witnesses. Hence, he prays to reject the petition. 6. I have perused the material produced before the Court at this stage. Admittedly, the alleged offences are not punishable with death or imprisonment for life. Looking into the contents of FIR, at this stage it appears that there is some inconsistency in the FIR. If at all injured have escaped once, why they come back and how accused caught hold them, is not forthcoming. 7. It is settled principle of law that bail is a rule and rejection is an exception.
Looking into the contents of FIR, at this stage it appears that there is some inconsistency in the FIR. If at all injured have escaped once, why they come back and how accused caught hold them, is not forthcoming. 7. It is settled principle of law that bail is a rule and rejection is an exception. While granting or rejecting the bail application, the Court will have to take into consideration, (1) the nature and seriousness of the offence; (2) character of the accused; (3) circumstances which are peculiar to accused; (4) reasonable probabilities of presence of the accused not being secured at trial; (5) reasonable apprehension of witnesses being tampered with; and (6) larger interest of public or the state and similar other considerations, which arise when a Court is asked to admit the accused to bail in a non-bailable offence. 8. Therefore, considering the facts and circumstances of the case and in view of above principle, in my considered view the petitioners has made out sufficient ground to allow the petition. 9. The apprehension of the prosecution can be meted out by imposing reasonable conditions on the petitioner, as he has undertaken to co-operate with the investigation and furnish sureties. Accordingly, I proceed to pass the following: ORDER The criminal petition filed under Section 439 of Cr.P.C. is allowed. The petitioner - accused Sri. Prasad @ Prashant s/o Ramachandra Singe, in Crime No.74/2022 of Aland Police Station, on the file of Prl. Civil Judge and JMFC, Court, Aland, registered for the offences punishable under Sections 341, 342, 365, 395 and 504 of IPC, shall be released on bail, subject to the following conditions. i) The petitioner shall execute a self-bond for Rs.1,00,000/- with a surety, for the like sum to the satisfaction of the Trial Court. ii) The petitioner shall not try to tamper the prosecution witnesses directly or indirectly. iii) The petitioner shall mark his attendance before the jurisdictional Police/SHO once in 15 days, i.e., on alternative Sunday between 10.00 a.m. to 4.00 p.m. for a period of three months or till filing of the charge sheet whichever is earlier and shall co-operate in the investigation. iv) The petitioner shall not involve in any criminal activities and shall not commit similar offences.
iv) The petitioner shall not involve in any criminal activities and shall not commit similar offences. v) The petitioner shall furnish proof of his residential correct address to the investigating officer and shall inform the Court/Investigating Officer if there is any change in the address. vi) The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of Trial Court. In case if any of the condition is violated, the prosecution is at liberty to move application for cancellation of bail.