@JUDGMENTTAG-ORDER
Budihal R.B., J.@mdashThis petition is filed by the petitioners-accused under Section 439 of Cr.P.C. seeking their release on bail of the alleged offences punishable under Sections 143, 147, 148, 332, 333, 334, 336, 353, 427, 307, 153A, 295 read with Section 149 of IPC registered in respondent Police Station Crime No. 249/2015 and subsequently, a letter as forwarded to the Magistrate to include the offence punishable under Section 3(2) of Prevention of Damages to Public Properties Act.
2. The brief facts of the prosecution case that State has filed the complaint through one Sri D.K. Patil, PSI, Law and Order, Mudhol Police Station alleging that on 23.09.2015 at 7.00 p.m. when the Ganesh Idol was taken for immersion in a procession attended by 1500 to 2000 peoples and when it reached near Alfala Mosque, some miscreants in the possession threw stone pebbles towards the mosque and inside the mosque premises. There was a sudden commotion and the public from the mosque and its vicinity started pelting stones which caused simple and grievous injuries to the complainant and the other Police Officials on duty at that place and at that time. The complainant was admitted in Sai Aadhar Hospital, Mudhol, and others in different hospitals. On the basis of the said complaint, case has been registered for the alleged offences.
3. Heard the arguments of the learned counsel appearing for the petitioners-accused and also the learned HCGP appearing for the respondent-State.
4. Learned counsel for the petitioners has submitted that so far as the registration of the complaint, at the first instance, it was only against 12 persons i.e., accused Nos. 1 to 12 as mentioned in the complaint, but subsequently, the prosecution added some more persons alleged to have been involved on the date of incident. Learned counsel has also submitted that it was a mob and about 1500-2000 people were gathered at that time of the said procession and it is impossible to give the names of the persons, who have involved in commission of the said offence. He has also submitted that how the complainant came to know the details i.e., father''s name and address and etc., of the persons alleged to have committed and participated in the alleged offence. He has also submitted that since from the date of arrest, the petitioners are in custody. Looking to the materials on record, no prima-facie material has been placed by the prosecution against the petitioners about their involvement in the commission of alleged offence. It is further submitted that all the injured persons have already been discharged and their life is out of danger. Hence, he has submitted that by imposing reasonable conditions, petitioners may be enlarged on bail.
5. Per contra, learned HCGP has submitted that looking to the averments made in the complaint and the manner in which the incident has taken place, the petitioners herein participated in the said act and even they have prevented the Police Officers to discharge their official duties and also assaulted the Police Officers and injuries have been caused to them. Learned HCGP has further submitted that investigation of the case is not yet completed and it is her submission that persons at Sl. Nos. 1 to 12, whose names are mentioned at the first instance in the complaint are primarily responsible for the beginning of galata and atleast those 12 persons are not entitled to be enlarged on bail. Learned HCGP has submitted that petitioners have committed the alleged offence and even they have made an attempt to commit the murder of the Police Officials. Hence, submitted that petitioners are not entitled to be granted with bail.
6. I have perused the averments made in the bail petition, FIR, complaint and other materials produced along with the petition, so also perused the objection statement filed by the prosecution.
7. Perusing the statement of objections, it is the apprehension of the prosecution that in case, if the petitioners are released on bail, they may abscond and they may threaten the complainant.
Looking to the objection statement, it is not the case of the prosecution, at this stage, that the injured were still in the hospital, getting treatment and their condition is in danger. This shows that injured persons have been discharged from the hospital and they are safe now.
8. The alleged offences are also not exclusively punishable with death or imprisonment for life. So far as the apprehension of the prosecution, stringent conditions can be imposed on the petitioners, which will safeguard the interests of the prosecution. Hence, I am of the opinion that petitioners can be released on bail.
9. Accordingly, petition is allowed. The petitioners are ordered to be released on bail of the offences punishable under Sections 143, 147, 148, 332, 333, 334, 336, 353, 427, 307, 153A, 295 read with Section 149 of IPC and Section 3(2) of Prevention of Damages to Public Properties Act, registered in respondent Police Station Crime No. 249/2015, subject to following conditions:
i. Each petitioner has to execute personal bond for a sum of Rs. 50,000/- and furnish one surety for the like sum to the satisfaction of concerned Court.
ii. Petitioners shall not tamper with any of the prosecution witnesses directly or indirectly.
iii. Petitioners shall not leave the jurisdiction of the concerned Court without its prior permission till the investigation is completed.
iv. Petitioners shall appear before the concerned Court regularly.
