Accused in Crime No.136/2023 registered by K.R.Puram

Police Station, Bengaluru City for the offence punishable under

Sections 353 & 354 of IPC is before this Court under Section

438 of Cr.P.C,

2.

Heard learned counsel appearing for the parties.

3.

On the basis of complaint dated 23.03.2023 lodged

by one Smt Rajeshwari, K.R.Puram Police have registered FIR

in Crime No.136/2023 against the petitioner for the aforesaid

offences. In the complaint it is averred that on 21.03.2023 at

about 9.30 p.m, a person came to the hospital and he

requested to give him a tablet and he showed the photo of the

tablet, which was in his mobile. However, the complainant

refused to give the said tablet and informed that the tablet was

not available in the hospital and the same would be available in

Modi Medical Store. In spite of that the said person insisted her

to give tablet and stated that there was a pregnant patient in

his house and she needed the said tablet urgently. The

complainant allegedly informed him that she could give tablet

only if the patient brought to the hospital. This enraged the

person, who had come to the hospital and he started clicking

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photo of the complainant. When the same was objected by the

complainant, the said person allegedly pulled her coat and also

assaulted her. Based on the complaint, initially FIR was

registered

against

unknown

person.

The

petitioner

apprehending arrest in the said case had filed bail application in

Crl.Misc.No.3625/2023 before XLV Addl. City Civil & Sessions

Judge, Bengaluru, which was dismissed on 25.04.2023. It is

under these circumstances, the petitioner is before this Court.

4.

Learned counsel for the petitioner reiterated the

grounds urged in the petition and submits that the petitioner is

a driver of school van and he has no criminal antecedent the

incident had taken place in a spur of moment. Accordingly, he

prays to allow the petition.

5.

Per contra, learned High Court Government Pleader

for respondent - State has opposed the bail application and

contends that the investigation in the case is under progress.

Hence, she prays to dismiss the application.

6.

On perusal of complaint averments itself it is very

clear that the alleged incident had taken place on 21.03.2023

at about 9.30 p.m, in the Government hospital, K.R. Puram and

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the same had occurred in a spur of moment. The petitioner who

had came to the hospital in search of a table which was

required for a pregnant woman in his house had got enraged

against the petitioner who was staff nurse in the hospital who

had refused to give the tablet to him. Before the act of pulling

the coat and assaulting the complainant, it is alleged that the

petitioner started clicking photo of the complainant and this

was too objected by the complainant and at that time, the

petitioner allegedly assaulted her and also pulled her coat.

7.

From a reading of complaint averments it is clear

that the petitioner had no intention to commit the alleged act.

The petitioner is a driver of school van and he has no criminal

antecedent. The alleged offences are not punishable with death

or imprisonment for life. Hence, I am of the considered view

that the petitioner has made out a prima-facie case for grant of

anticipatory bail.

Accordingly, the petition is allowed. The respondent -

Police or any other police in the State of Karnataka are directed

to release the petitioner in the event of his arrest in Crime

No.136/2023 registered by K.R.Puram Police Station, Bengaluru

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City for the offence punishable under Sections 353 & 354 of

IPC, subject to the following conditions:

a.

The

petitioner

shall

execute

a

personal bond for a sum of Rs.1,00,000/-

(Rupees One Lakh only) with one surety for

the likesum to the satisfaction of the

investigating officer.

b.

The

petitioner

shall

regularly

appear before the Trial Court without fail

unless exempted by the Trial Court for valid

reasons.

c.

The petitioner shall not tamper with

the prosecution