SAGARA v. STATE OF KARNATAKA, BY KODIHALLI POLICE STATION, BENGALURU DISTRICT
Case at a glance
Outcome
Allowed
The Criminal Petition is allowed
Provisions considered
- Code of Criminal Procedure, 1973 s. 438
- Indian Penal Code, 1860 ss. 143, 147, 148, 149, 504
- Prevention of Damage to Public Property Act, 1984 ss. 2, 3
Key paragraphs
- Para 66. Per contra, learned HCGP has opposed the petition, on the ground that petitioners have not cooperated with the police for investigation and therefore, absconding charge sheet has been filed against them. Accordingly, he prays to dismiss this petition.
Judgment
S TEJU @ TEJU KUMAR, AGED ABOUT 24 YEARS, S/O SRI. PRAKASH, R/AT KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA - 562 119.
CHETHAN @ GULI, AGED ABOUT 33 YEARS, S/O RAJEGOWDA, R/AT KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA - 562 119.
PUNEETHA @ PUNITH KUMAR, AGED ABOUT 34 YEARS, S/O SHIVALINGE GOWDA, R/AT GARALAPURA GRAMA, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA - 562 119. Location: High Court of Karnataka - 2 - NC: 2024:KHC:43579 CRL.P No. 10013 of 2024
HARISHA, AGED ABOUT 28 YEARS, S/O ASHVATHAPPA, R/AT KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA - 562 119. (BY SRI. ABISHEK N N.,ADVOCATE) AND: …PETITIONERS STATE OF KARNATAKA, BY KODIHALLI POLICE STATION, BENGALURU DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA COMPLEX, BANGALORE - 560 001. (BY SRI. RAHUL RAI K., HCGP) …RESPONDENT THIS CRL.P IS FILED U/S 438 OF CR.PC (FILED U/S 482 BNNS) PRAYING TO GRANT ANTICIPATORY BAIL TO THE PETITIONER NO.1 TO 5/ ACCUSED NO.2 TO 6 IN THE EVENT OF THEIR ARREST IN C.C.NO.267/2020 CR.NO.107/2019 DATED 04.09.2019 REGISTERED BY THE RESPONDENT KODIHALLI POLICE BENGALURU CITY UNDER THE OFFENCE P/U/S 2,3 OF PREVENTION OF DAMAGE OF PUBLIC PROPERTY ACT AND SEC.143,147,148,149,504 OF IPC AND SAME IS PENDING BEFORE THE HONBLE COURT OF ADDL.CIVIL JUDGE AND J.M.F.C KANAKAPURA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused Nos.2 to 6 in CC.No.267/2020 pending before the Court of Additional Civil Judge and JMFC, - 3 - NC: 2024:KHC:43579 CRL.P No. 10013 of 2024 Kanakapura, Ramanagara District, arising out of Crime No.107/2019 registered by Kodihalli Police Station, Ramanagara District for the offences punishable under Sections 143, 147, 148, 149 of IPC and Sections 2 and 3 of Prevention of Damage to Public Property Act, 1984, are before this Court under Section 438 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. On the basis of the first information dated
04.09.2019, submitted Rajashekhar V.K., Driver of KSRTC bus, Kanakapura Division. FIR in Crime No.107/2019 was registered by Kodihalli Police Station, Ramanagara District for the aforesaid offences against 50 to 60 unknown persons.
4. During the course of investigation of the case accused No.1, Harish was arrested and subsequently, released on bail. Investigation in the case is completed and charge sheet has been filed as against six persons. Petitioners herein are arrayed as accused Nos.2 to 6 in the - 4 - NC: 2024:KHC:43579 CRL.P No. 10013 of 2024 charge sheet. Apprehending arrest in the case, petitioners had filed Crl. Misc. No5089/2023 before the Jurisdictional Sessions Court which was rejected on 28.03.2023. Therefore, they are before this Court.
5. Learned Counsel for the petitioners submits that though the FIR has been registered against 50 to 60 unknown persons, charge sheet is filed only as against six persons. He submits that based on the statement of accused No.1, petitioners have been arrayed as accused Nos.2 to 6. They do not have any criminal antecedents. Accordingly, he prays to allow this petition.
Per contra, learned HCGP has opposed the petition, on the ground that petitioners have not cooperated with the police for investigation and therefore, absconding charge sheet has been filed against them. Accordingly, he prays to dismiss this petition.
Perusal information
04.09.2019, which had resulted in registering FIR in Crime - 5 - NC: 2024:KHC:43579 CRL.P No. 10013 of 2024 No.107/2019 for the aforesaid offences against 50 to 60 persons would reveal that on the intervening night of
Operative part
03.09.2019 and 04.09.2019 about 50 to 60 persons who came in two-wheelers, shouting slogans in favour of Shivakumar, pelted stones to the parked bus at Kebbare in Gollahalli and damaged the front and rear windscreen glasses of the bus. In respect of the alleged incident that had taken place at about 12.30 am on the intervening night of 03.09.2019 and 04.09.2019, belatedly, FIR was registered at about 1.00 pm on 04.09.2019. In the FIR, it is stated that about 50 to 60 unknown persons had arrived at the spot and committed the crime. Charge sheet is now filed only as against six persons. Except the statement of accused No.1, who was arrested it this case, there is no prima-facie material to connect the petitioners to the crime. Undisputedly, petitioners do not have any criminal antecedents. The alleged offences are triable by the Court of Magistrate. Considering the aforesaid aspects of the matter, I am of the opinion that the prayer made by the - 6 - NC: 2024:KHC:43579 CRL.P No. 10013 of 2024 petitioners for grant of anticipatory bail is required to be answered affirmatively. Accordingly, the following: ORDER The Criminal Petition is allowed. The respondent - Police or any other police in the State of Karnataka are directed to release the petitioners in the event of their arrest registered by Kodihalli Police Station, Ramanagara District for the offences punishable under Sections 143, 147, 148, 149 of IPC and Sections 2 and 3 of Prevention of Damage to Public Property Act, 1984, subject to the following conditions:
The Petitioners shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum to the satisfaction of the investigating officer.
2. Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons. - 7 - NC: 2024:KHC:43579 CRL.P No. 10013 of 2024
3. Petitioners shall not tamper with the prosecution witness and they shall co-operate with the police for investigation and appear before them whenever called upon.
4. The petitioners shall not involve in similar offences in future. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 45
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The Criminal Petition is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — s. 438; Indian Penal Code, 1860 — ss. 143, 147, 148, 149, 504; Prevention of Damage to Public Property Act, 1984 — ss. 2, 3.
Which court decided this case, and when?
Karnataka High Court, on 04 Sep 2019. The bench was S VISHWAJITH SHETTY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.