Anticipatory bail can be granted when the allegations do not involve severe penalties, and the accused is required to cooperate with the investigation.

JUDGMENT

V Srishananda, J.

Heard Sri. B. V. Manje Gowda, learned counsel for Sri. Chandrshekara K.A., learned counsel for the petitioner and Sri. S. Vishwamurthy learned High Court Government Pleader for the respondent-State. Perused the records.

2. Present petition is filed under Section 438 of Cr.P.C. with the following prayer:

'WHEREFORE, the petitioner named above prays that this Hon'ble Court be pleased to pass the order, grant him anticipatory bail in the event of his arrest in Crime No.237/2022 of Begur Police Station, Chamarajanagara District, now pending on the file of the Learned Addl. Civil Judge (Jr.Dn.) & JMFC, Court Gundlupet registered for the offence punishable under Sections 323, 324, 327, 354(B), 504 & 506 IPC, to meet the ends of justice."

3. The brief facts of the case are as under:

A complaint came to be lodged by Smt. Devamani W/o. late Shivarudrappa with Begur Police Station, Gundlupete Circle, Chamarajanagar District, which was registered in Crime No.237/2022 on 30.12.2022 for the offences punishable under sections 323, 324, 327, 354(B), 504, 506 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short).

4. The gist of the complaint averments reveals that on 29.12.2022 at about 1.30 p.m., there was a death by name Putti and complainant had visited the said spot to have a look at the dead body as a spectator. At that juncture, the accused petitioner picked up quarrel unnecessarily and misbehaved with the complainant by pulling her sari and also tried to snatch the neck chain and therefore, sought for action.

5. Police after registering the case, are investigating the matter. In the meantime, petitioner approached the Principal District and Sessions Judge, Chamarajanagar for grant of anticipatory bail, which was turned down by order dated 25.01.2023 in Crl. Misc. No.15/2023. Thereafter, the petitioner is before this Court.

6. Reiterating the grounds urged in the bail petition Sri. B. V. Manjegowda, learned counsel for the petitioner contended that the petitioner is innocent and a false complaint is lodged against the petitioner therefore, sought for grant of anticipatory bail.

7. Per contra, learned High Court Government Pleader opposes for grant of anticipatory bail.

8. In the light of the rival contentions, this Court perused the materials on record meticulously.

9. On such perusal of the materials on record, it is seen that the allegations leveled against the present petitioner even if stands proved, are not punishable with death or life imprisonment as such the gravity of the offence has been reduced to a considerable extent.

10. Whether at all, the complaint averments are true or not, cannot be decided by this Court at this stage by holding a mini trial as the same may prejudice the case of the parites during the trial by one way or the other.

11. Suffice to say that the materials available on record clearly show that the petitioner is not available for the Investigating Agency from the date of registration of the case, which has resulted in scuttling the due process of investigation.

12. Directing the petitioner to join the Investigating Agency and co-operate with the Investigating Agency would meet the ends of justice. Accordingly, this Court pass the following:

ORDER

1. The Criminal Petition is allowed.

2. Petitioner is directed to appear before the Investigating Agency on 03.04.2023 at about 10.00 a.m.

3. Investigation Officer is at liberty to take the accused / petitioner to custody and complete the custodial investigation on the same day, before 5.00 p.m. and thereafter, enlarge the petitioner on bail, on petitioner executing a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum.

4. Petitioner shall co-operate with the Investigating Agency.

5. Petitioner shall not tamper with the prosecution witnesses in any manner.

6. Petitioner shall attend the Court regularly.

If any of the above conditions are violated, the prosecution is at liberty to seek cancellation of thi