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Karnataka High Court
Shivasubramanyam - Appellant
Versus
State of Karnataka - Respondent
Decided On : 01-30-02
CRI.PETN. : 4386 of 2001
Art. 21 - Bail Petition - Section 212 r/w S. 34 IPC, Section 3, 15, and 27 of Arms Act 1969 and Sections 3, 5, 6 and 9 of Explosive Substance Act, 1908 - The court discussed the maintainability of a direct bail petition under Section 439, Cr. P. C. and the merits of the case. It ruled that a direct petition to the High Court is not prohibited and entertained the petition due to the special circumstances of the case. The court also considered the principles governing bail and the specific circumstances of the case before granting bail with conditions.
Fact of the Case:
The petitioner, an investigative journalist, was arrested for offences related to possession of explosives and arms. He sought bail under Section 439, Cr. P. C. The State opposed the bail, alleging the petitioner's involvement in criminal activities.
Finding of the Court:
The court found that a direct petition under Section 439, Cr. P. C. was maintainable and granted bail to the petitioner considering the special circumstances of the case and the principles governing bail. It imposed specific conditions for the petitioner's release.
Issues: 1. Maintainability of a direct bail petition under Section 439, Cr. P. C. 2. Merits of the bail petition.
Ratio Decidendi: The court ruled that a direct petition to the High Court under Section 439, Cr. P. C. is not prohibited and can be entertained in special circumstances. It considered the principles governing bail and the specific circumstances of the case before granting bail with conditions.
Final Decision: The court allowed the bail petition under Section 439, Cr. P. C. and ordered the petitioner's release on specific conditions.
( 1 ) PETITIONER an investigative journalist is knocking the doors of this Court on the foundation of Art. 21 of the Constitution of India by way of a bail petition under Section 439, Cr. P. C. on the following factual matrix.
( 2 ) THE petitioner was arrested by the Rampur police on 20-11-2001 in Crime No. 100/01 for the offences punishable under Section 212 r/w S. 34 IPC. In the course of investigation a voluntary statement was obtained from the petitioner. In that statement he has stated that he would show the hidden explosives by Sri Veerappan and his associates in the year 2000 in the forest area and also the gun and bullets kept by one Ramesha and associate of Sri Veerappan. On the basis of this statement, the Sub Inspector of police of Rampur police station along with panch witnesses accompanied, the petitioner and they were taken to Kongana Kaduvu forest area.
( 3 ) PETITIONER showed the spot where the hidden gun was available. They recovered 410 Mascot gun tied in a blue plastic bag and 14 bullets 20 Nobel Zel explosive zilletins, 25 meter length explosive wires and 25 capes. Petitioner had co-operated directly and indirectly with Veerappan to commit several illegal acts. A complaint was lodged with the East police of Chamarajnagar on 23-11-2001 at about 12,30 p. m. and it was registered in Crime No. 192/01 for the offences punishable under Section 114, 212, 216 (A) read with Section 34 of IPC and under Section 3, 15, and 27 of Arms Act 1969 and Sections 3, 5, 6 and 9 of Explosive Substance Act, 1908.
( 4 ) PETITIONER was unsuccessful in the bail petition filed by him under Section 437 before the Addl. Civil Judge, Chamrajnagar. It is in these circumstances the petitioner is before this Court seeking an order under Section 439 of the Code of Criminal Procedure.
( 5 ) NOTICE was issued, pursuant to which the respondent has entered appearance and (sic) their statement of objections in this Court opposing the grant of bail. It is stated in the objection that the petitioner has volunteered to say that he was a member of the Veerappan gang and used to supply provisions, explosives and other electronics goods etc. It was at his instance police went to Konganakadavu forest near Chamrajanagar and the petitioner showed the hiding place of explosives and a mahajar was drawn. According to him he was regulary supplying articles to criminal and harbouring notorious sandalwood smuggler. A case was registered against him under the provisions of Indian Penal Code and Arms and Explosive Act as mentioned earlier.
( 6 ) POLICE seized the materials such as 1. 410 Muscat rifle, 14 rounds of live corteges, 20 gilletin sticks, 25 meter length fuse wire, 25 detonator capes, blue coloured plastic and zink wire. The petitioner was taken to police custody in term of the orders of the Court and was interrogated by the police and his statement was recorded. The materials recovered belong to Vallithirupur police station, Tamilnadu where the gang had committed a dacoity on 20-12-1998 and looted 9 rifles and pistol, ammunitions and other articles. In this regard a case was registered by the said police station against the petitioner. It is stated in the objection that the petitioner had established contract right from the year 1996. At his instance one Thangaraju and Palaniyappa of Thiganare village of Tamilnadu were arrested and articles were recovered from them. The police also registered cases against Palaniyappa in crime No. 195/01. It is stated in the objection that the petitioner was present when the gang members of Veerappan interrogated and tortured Thangavelu in the Tamilnadu forest. The act of torturing Thangavelu is registered in Anthiyur police station, in Tamilnadu in crime No. 676/98, 302 IPC. Petitioner published an article showing the photographs of torture of Thangavelu. This amounts to active participation of the petitioner in all crimes of Veerappan and amounts to harbouring counselling of Veerappan. Investigation
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