S Vishwajith Shetty, J
1. Accused Nos.1 and 2 in C.C.No.4469/2020 pending before the Court of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru arising out of Crime No.167/2016 registered by Tavarekere Police Station, Ramanagara for the offences punishable under Sections 285, 286, 304, 304-A and 427 of IPC are before this Court under Section 438 of Cr.P.C.
2. Heard the learned counsel for the parties.
3. On a complaint dated 22.04.2016 lodged by Dhanpala H.K., S/o. Krishnegowda, FIR in Crime No.167/2016 was registered by Tavarekere Police Station, Magadi Circle, Ramanagara. Initially, case was registered for the offences punishable under Sections 304, 304-A, 285, 286 and 427 of IPC and Sections 3, 4, 5 and 6 of Explosive Substances Act, 1908. Investigation in the case is completed and charge-sheet has now been filed and the offences under Explosive Substances Act, 1908 are dropped in the charge-sheet. After the charge-sheet is filed, now the case is pending before the Judicial Magistrate in C.C.No.4469/2020. Apprehending arrest in the said case, the petitioners, who are arraigned as accused Nos.1 and 2 in the charge-sheet had filed Crl.Misc.No.2073/2022 before the Court of IX Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru which was dismissed on 30.11.2022. Therefore, the petitioners are before this Court.
4. Learned counsel for the petitioners submits that the petitioners are innocent persons and they have no criminal antecedents. The incident in question had taken place accidentally and custodial interrogation of the petitioners is not required in the case. Accordingly, prays to allow the petition.
5. Per contra, learned HCGP has opposed the bail petition. He submits that for the last six years, the petitioners have not co-operated either before the Investigation Officer or before the Trial Court and non-bailable warrant is now issued against the petitioners.
6. The petitioners are said to be owners of the factory in which the unfortunate incident of fire accident had taken place on 22.04.2016. In the said incident, complainant’s wife-Gayathri, who was working in the factory belonging to the petitioners had died. Undisputedly, the incident in question had taken place accidentally. The offence for which the petitioners are now charge-sheeted are neither punishable with death nor with life imprisonment and the petitioners have no criminal antecedents. Since, the Trial Court has now issued non-bailable warrant against the petitioners, the petitioners have approached this Court apprehending arrest in the case.
7. The case is pending before the Trial Court for from last six years and there is no progress in the case. Under the circumstances, I am of the view that the petitioners have made out a prima facie case for grant of anticipatory bail. Accordingly, I proceed to pass the following:
ORDER
The 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 in Crime No.167/2016 registered by Tavarekere police station, Ramanagara for the offences punishable under Sections 285, 286, 304, 304-A and 427 of IPC, subject to the following conditions:
1. 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/-(One lakh only) each with two sureties each and out of which, one shall be local surety for the likesum to the satisfaction of the investigating officer.
2. The Petitioners shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
3. The 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.
