Allowed

Sri Sadananda Vagale v. the State of Karnataka

Karnataka HC2 Jul 2024CRL.P/6072/2024

Case brief

AI extract

What is this about?

Anticipatory bail sought by a swimming pool lessee-contractor accused of causing death by negligence after two boys drowned in his leased pool and lifeguards failed to rescue them; charge sheet already filed. Court held the charge sheet did not negate apprehension of arrest and granted anticipatory bail with conditions.

What did the court decide?

Petitioner enlarged on bail in the event of arrest in Crime No.53/2023; bond Rs.2,00,000 with two like sureties; to appear before IO within 15 days.

Sri Sadananda Vagale Vs the State of Karnataka — Bail and Remand | Karnataka HC (2024)

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NC: 2024:KHC:24676 CRL.P No. 6072 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND DAY OF JULY, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA

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CRIMINAL PETITION NO. 6072 OF 2024

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BETWEEN:

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SRI SADANANDA VAGALE S/O SRI LAKSHMANA VAGALE AGED ABOUT 64 YEARS R/AT 134/A SITHALA PERANANKILA VILLAGE UDUPI TALUK AND DI SWIMMING POOL DEVARAJ ARUS BADAVANE, B BLOCK DAVANAGERE, PIN CODE - 577 006.

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…PETITIONER

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(BY SRI SUYOG HERELE E, ADV.)

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AND:

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Digitally signed by NANDINI MS Location: High Court of Karnataka

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THE STATE OF KARNATAKA THROUGH BASAVANAGARA POLICE STATION REP BY SPP HIGH COURT OF KARNATAKA BUILDING, BENGALURU - 560 001.

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…RESPONDENT

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(BY SMT. K.P. YASHODHA, HCGP)

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THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.53/2023 OF BASAVANAGARA P.S., DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 304 OF IPC ON THE FILE OF THE PRL.DISTRICT AND SESSIONS JUDGE AT DAVANAGERE.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2024:KHC:24676 CRL.P No. 6072 of 2024

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ORDER

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The petitioner-accused No.1 is before this Court seeking grant of anticipatory bail in Crime No.53 of 2023 of Basavanagara Police Station, Davanagere pending on the file of the learned Principal District and Sessions Judge, Davanagere registered for the offence punishable under Sections 304A of Indian Penal Code, 1860 (for short 'IPC'), on the basis of the first information lodged by the informant viz., Sri.Muqthiyar S R.

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Heard Sri. Suyog Herele E., learned counsel for the petitioner and Smt.K.P.Yashodha, learned High Court Government Pleader for the respondent-State. Perused the materials on record.

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In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

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“Whether the petitioners are

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entitled for grant of bail under Section 438 of Cr.P.C.?”

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NC: 2024:KHC:24676 CRL.P No. 6072 of 2024

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My answer to the above point is in ‘Affirmative’

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for the following:

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R E A S O N S

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The petitioner - accused No.1 is seeking grant of

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anticipatory bail on the apprehension of being arrested. The father of the victim lodged the first information against accused Nos.1 and 2 alleging commission of offence punishable under Section 304A of IPC. It is stated that the petitioner being accused No.1, as a contractor has taken the swimming pool on lease. Accused Nos.2 to 4 are lifeguards appointed by the petitioner to rescue the persons in distress. It is alleged that two boys have gone

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for swimming and both of them drowned in the pool. Accused Nos.2 to 4 even though the lifeguards have not came in time to rescue the children. As a result of which,

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they died. Now, the investigation is completed and the charge sheet is filed against accused Nos.1 to 4 for the offence punishable under Section 304A of IPC.

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NC: 2024:KHC:24676 CRL.P No. 6072 of 2024

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Learned HCGP submits that only a notice under Section 41A of Cr.P.C was issued against the petitioner. Therefore, he is not having any threat of apprehension. But, the fact remains that the charge sheet is filed against the petitioner for having committed offence punishable under Section 304A of IPC along with accused Nos.2 to 4. Under the circumstances, I am of the opinion that the petitioner is entitled for grant of anticipatory bail subject to conditions, which will take care of the interest of the prosecution.

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Accordingly, I answer the above point in the affirmative and proceed to pass the following:

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ORDER

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The petition is allowed.

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The petitioner is ordered to be enlarged on bail in the event of his arrest in Crime No.53 of 2023 of Basavanagara Police Station, Davanagere.

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5 - NC: 2024:KHC:24676 CRL.P No. 6072 of 2024

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The petitioner is directed to appear before the Investigating Officer within 15 days from the date of receipt of this order and on his appearance, the Investigating Officer shall enlarge him on bail subject to the following conditions:-

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a. The petitioner shall furnish the bond in a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating

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Officer;

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b. The petitioner shall not commit similar offences;

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c. The petitioner shall appear before the Investigating Officer or the court as and when required; and

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d. The petitioner shall not threaten or tamper the prosecution witnesses.

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NC: 2024:KHC:24676 CRL.P No. 6072 of 2024

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On furnishing the sureties by the petitioner, the Investigating Officer is at liberty to verify the correctness of the address and authenticity of the documents furnished by him. On satisfaction of the said documents, he may proceed to accept the sureties within a reasonable

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time.

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Sd/JUDGE

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NMS

Sri Sadananda Vagale v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Sadananda Vagale v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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