Full Judgment
(These criminal petitions are filed under Section 438 of the Code of Criminal Procedure praying that this Hon'ble court may be pleased to enlarge the petitioners on bail in the event of their arrest in Crime No.190/2012 of pension Mohalla P.S., Hassan, for the offences p/u/s 143, 147, 148, 341, 308, 332, 353, 427 r/w 149 of IPC.)
1. As all these three petitions filed under Section 438 Cr.P.C. relate to one and the same crime case registered by the respondent - Pension Mohalla Police Station, Hassan in Crime No.190/2012, these petitions were heard together and are being disposed of by this common order.
2. Petitioner in Crl.P.No.302/2013 is arraigned as accused No.2. Petitioner in Crl.P.No.368/2013 is arraigned as accused No.11, while petitioner in Crl.P.No.369/2013 is arraigned as accused No.17 in Crime No.190/2012.
3. The aforesaid case has been registered for the offences punishable under Sections 143, 147, 148, 341, 308, 332, 353, 427 read with Section 149 of IPC and Section 3 of Prevention of Damages to Public Properties Act.
4. According to the case of the prosecution, on 28.11.2012 at about 12.00 noon, there was an incident of a teacher by name Rajappa trying to molest a minor girl student studying in the school situated in Santepet, Hosakere Extension, Hassan by tying her hands and thereafter trying to suppress the incident by paying Rs.5/- to the victim and also to her friend. In that regard, on 3.12.2012, the Officers of Education department had visited the school and were making enquiries. At that time, several persons had gathered there. Thereafter, the father of victim girl came to the police station and lodged a complaint about the incident and when the PSI of the police station was taking the victim girl to the hospital for medical examination, a group of about 150 to 200 people gathered in front of the police station, prevented the P.S.I and A.S.P from taking the victim to the hospital, pelted stones on the Government vehicles and thereby damaged the Government vehicles and P.S.I was hit by the stones, as a result, he sustained injuries. The P.S.I was able to identify about 17 persons in the group. Thereafter, the P.S.I lodged a report based on which, case came to be registered and investigation was taken up. The petitioners names also figured in the complaint. On coming to know of the same, the petitioners approached the learned Sessions Judge, Hassan, seeking relief of anticipatory bail. However, the said petition came to be rejected. Therefore, the petitioners are before this Court. 6
5. The petitions are opposed by the respondent- state. Heard both the sides and perused the records produced before the Court.
6. It is brought to the notice of this Court that in Crl.P.No.7853/2012, this Court has granted relief of anticipatory bail to accused Nos.5 to 8. It is the contention of the petitioners that these petitioners stand on the same footing as that of accused Nos.5 to 8, therefore, on the principles of parity they are entitled for the relief of anticipatory bail.
7. Having heard both the sides and also having perused the materials on record, I see considerable force in the contentions of these petitioners. In Crl.P.No.7853/2012, this Court on consideration of the materials on record has granted relief of anticipatory bail to accused Nos.5 to 8.
8. Regard being had to the allegations made in the FIR, these petitioners stand on the same footing as that of accused Nos.5 to 8. Therefore, in my opinion, these petitioners are entitled for relief of anticipatory bail on the principles of parity.
9. In the result, the petitions are allowed. The respondent- Police are directed to release the petitioners herein on bail, in the event of their arrest in connection with Crime No.190/12 of Pension Mohalla Police, Hassan, on each of them executing personal bonds for a sum of Rs.25,000/- with one surety for the like-sum to the satisfaction of the Investigating Officer and also subject to further conditions that,
i) Upon such arrest and release, the petitioners shall appear before the Investigating Officer as and when so required and co-operate in the investigation of the case;
ii) The petitioners shall not indulge in any acts similar to the one alleged in the case and
iii) The petitioners shall not tamper or terrorise the prosecution witnesses in any manner.