Karnataka High Court
M E Gururaj vs State Of Karnataka on 2 March, 2023
Bench: M G Uma
-1-
CRL.P No. 1626 of 2023
A/W CRL.P No.1636 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF MARCH, 2023
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 1626 OF 2023
A/W
CRIMINAL PETITION NO. 1636 OF 2023
IN CRL.P. NO.1626/2023
BETWEEN:
M E GURURAJ
S/O ESHWARAPPA MAKRI,
AGED ABOUT 40 YEARS,
RESIDING AT JANATHA COLONY,
HITTALA SHIKARIPURA TALUK,
SHIVAMOGA DISTRICT- 577214.
...PETITIONER
Digitally signed (BY SMT. SUMA HIREBIDARI, ADVOCATE
by NANDINI B G
Location: High
FOR SRI. RAJESH SHETTY, ADVOCATE)
Court Of
Karnataka AND:
STATE OF KARNATAKA
BY SHIKARIPURA RURAL P.S.,
REPD BY STATE PUBLIC PROSECUTOR,
ADVOCATE GENERAL OFFICE,
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA,
BANGALORE- 560001.
...RESPONDENT
(BY SRI. RAHUL RAI K., HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 CR.PC PRAYING
TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.210/2022 OF SHIKARIPURA RURAL P.S.,
SHIVAMOGGA DISTRICT FOR THE OFFENCE P/U/S 306 R/W 34 OF
IPC ON THE FILE OF THE PRL.CIVIL JUDGE AND J.M.F.C (JR.DN)
SHIVAMOGGA.
CRL.P No. 1626 of 2023
A/W CRL.P No.1636 of 2023
IN CRL.P. NO. 1636/2023
BETWEEN:
P R MANJAPPA
S/O LATE RANGAPPA
AGED ABOUT 52 YEARS
R/A JANATHA COLONY, HITTALA
SHIKARIPURA TALUK
SHIVAMOGGA DISTRICT-577214
...PETITIONER
(BY SMT. SUMA HIREBIDARI, ADVOCATE
FOR SRI. RAJESH SHETTY, ADVOCATE)
AND:
STATE OF KARNATAKA
BY SHIKARIPURA RURAL P S
REPD BY STATE PUBLIC PROSECUTOR
ADVOCATE GENERAL OFFICE
HIGH COURT BUILDING
HIGH COURT OF KARNATAKA
BANGALORE-560001
...RESPONDENT
(BY SRI. RAHUL RAI K., HCGP)
THIS CRIMINAL PETITION IS FILED U/S 438 CR.PC PRAYING
TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF HIS
ARREST IN CR.NO.210/2022 OF SHIKARIPURA RURAL P.S.,
SHIVAMOGGA DISTRICT FOR THE OFFENCE P/U/S 306 R/W 34 OF
IPC ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (JR.DN) AND
J.M.F.C, SHIVAMOGGA.
THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER
The petitioner-accused No.3 in Crl.P.No.1626/2023 and
the petitioner-accused No.1 in Crl.P.No.1636/2023 are before
this Court seeking grant of anticipatory bail in Crime
CRL.P No. 1626 of 2023
A/W CRL.P No.1636 of 2023
No.210/2022 of Shikaripura Rural Police Station, pending on
the file of Principal Civil Judge (Jr.Dn.) and JMFC Court,
Shikaripura, Shivamogga, registered for the offences
punishable under Section 306 read with Section 34 of Indian
Penal Code (for short 'IPC'), on the basis of the first information
lodged by the informant - Sri. H.S.Erappa.
2. Heard Smt. Suma Hirebidari, learned Counsel for the
petitioners and Sri. Rahul Rai K., learned High Court
Government Pleader for the respondent-State. Perused the
materials on record.
3. Learned Counsel for the petitioners submitted that the
petitioners are arrayed as accused Nos.1 and 3. They are
innocent and law abiding citizens. They have not committed
any offence as alleged. They have been falsely implicated in
the matter without any basis. They are having reasonable
apprehension of being arrested by the police. Therefore, they
are before this Court.
4. Learned counsel further submitted that the petitioners
are cited as witnesses i.e., CWs.2 and 8, in the charge sheet
CRL.P No. 1626 of 2023
A/W CRL.P No.1636 of 2023
filed in a criminal case. But they were not examined as
prosecution witnesses. However, the deceased was the accused
in the criminal case and he committed suicide on 15.09.2022.
The judgment of acquittal was passed by the trial Court on
16.09.2022. The petitioners are not responsible for the death of
the deceased. There is reasonable apprehension for the
petitioners of being arrested. Hence, they are before this Court.
They are not required for interrogation. They are the
permanent residents of the addresses mentioned in the cause
title to the petition and are ready and willing to abide by any of
the conditions that would be imposed by this Court. Hence, he
prays to allow the petition in the interest of justice.
5. Per contra, learned High Court Government Pleader
opposing the petition submitted that serious allegations are
made against the petitioners for having committed the offence.
The earlier petition filed by the petitioners came to be
dismissed as not pressed. The petitioners are absconding, since
the date of registration of the case. Under such circumstances,
if the petitioners are granted anticipatory bail, they may never
turn up before the Investigating Officer and they may abscond
CRL.P No. 1626 of 2023
A/W CRL.P No.1636 of 2023
or may commit similar offences, threaten or tamper the
prosecution witnesses. Therefore, the petitioners are not
entitled for grant of anticipatory bail. Hence, he prays for
dismissal of the petition.
6. In view of the rival contentions urged by the learned
counsel for both the parties, the point that would arise for my
consideration is:
"Whether the petitioners are entitled
for grant of anticipatory bail under Section
438 of Cr.P.C.?"
My answer to the above point is in 'Affirmative' for the
following:
REASONS
7. The informant lodged the first information making
specific allegations regarding the death of her son who died due
to suicide by hanging. It is stated that accused being
witnesses in Spl.C.No.104/2020 were harassing the deceased
by demanding money and thereby, they have abetted
CRL.P No. 1626 of 2023
A/W CRL.P No.1636 of 2023
commission of suicide by the deceased. It is stated that the
deceased was acquitted in the criminal case in
Spl.C.No.104/2020 on the file of Additional District and
Sessions Judge, FTSC-II (POCSO) Shivamogga, but
unfortunately on the previous date i.e., on 15.09.2022, the
deceased committed suicide by hanging. The nature of the
allegations does not require the petitioners for custodial
interrogation. Admittedly, accused Nos.2 and 4 against whom
similar allegations were made are already enlarged on bail by
this Court. Therefore, the petitioners are also entitled for the
benefit of parity. Hence, I am of the opinion that the petitioners
may be granted anticipatory bail subject to conditions, which
will take care of the apprehensions expressed by the learned
High Court Government Pleader that the petitioners may
abscond or may tamper or threaten the prosecution witnesses.
8. Accordingly, I answer the above point in the
affirmative and proceed to pass the following:
ORDER
The petition is allowed.
CRL.P No. 1626 of 2023
A/W CRL.P No.1636 of 2023
The petitioners are ordered to be enlarged on bail in the
event of their arrest in Crime No.210/2022 of Shikaripura Rural
Police Station, pending on the file of Principal Civil Judge
(Jr.Dn.) and JMFC Court, Shikaripura, Shivamogga.
The petitioners are directed to appear before the
Investigating Officer within 15 days from the date of receipt of
this order and on their appearance, the Investigating Officer
shall enlarge them on bail subject to the following conditions:-
a. The petitioners shall furnish the bond in a sum
of Rs.2,00,000/- (Rupees Two Lakhs only)
each with two sureties each for the likesum to
the satisfaction of the Investigating Officer;
b. The petitioners shall not commit similar
offences;
c. The petitioners shall appear before the
Investigating Officer or the court as and when
required; and
d. The petitioners shall not threaten or tamper
the prosecution witnesses.
On furnishing the sureties by the petitioners, the
Investigating Officer is at liberty to verify the correctness of the
CRL.P No. 1626 of 2023
A/W CRL.P No.1636 of 2023
addresses and authenticity of the documents furnished by
them. On satisfaction of the said documents, he may proceed
to accept the sureties within a reasonable time.
Sd/-
JUDGE
SKS
