Case Note & Summary
The petitioners filed three criminal petitions under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) seeking anticipatory bail in connection with Crime No.115/2020 registered at Kadugondana Halli Police Station, Bengaluru, for offences punishable under Sections 143, 147, 188, 436, 120B, 427, 504, 506 read with 149 of the Indian Penal Code, 1860 (IPC) and Section 2 of the Prevention of Destruction and Loss of Property Act. The case arose from an incident where a mob allegedly gathered and caused damage to property, including setting fire to a vehicle. The petitioners, who were named as accused, contended that they were falsely implicated and that there was no prima facie case against them, particularly for the offence under Section 436 IPC (mischief by fire). The State opposed the bail applications, arguing that the petitioners were part of the unlawful assembly and that the common object included causing destruction by fire. The court examined the allegations and the material on record, noting that the charge sheet had not been filed and that the investigation was ongoing. The court observed that for the offence under Section 436 IPC, specific intent to cause destruction of a building by fire is required, and mere presence at the scene without active participation does not attract vicarious liability under Section 149 IPC for such offences. The court also noted that the offence under Section 2 of the Prevention of Destruction and Loss of Property Act was not applicable as no destruction was alleged against the petitioners. Considering the nature of the allegations and the fact that custodial interrogation was not necessary, the court granted anticipatory bail to all petitioners subject to conditions, including executing a personal bond, cooperating with the investigation, and not tampering with evidence.
Headnote
A) Criminal Procedure Code - Anticipatory Bail - Section 438 CrPC - Grant of Bail - Petitioners sought anticipatory bail in Crime No.115/2020 for offences including Section 436 IPC - Court held that no prima facie case for Section 436 IPC was made out as there was no evidence of specific intent to cause destruction of property by fire - Mere presence at scene without active participation does not attract vicarious liability under Section 149 IPC for offences requiring specific intent - Petitioners granted anticipatory bail subject to conditions (Paras 5-10). B) Indian Penal Code - Section 436 IPC - Mischief by Fire - Ingredients - The offence under Section 436 IPC requires specific intent to cause destruction of a building by fire - In the absence of any material showing that the petitioners shared such intent or actively participated, they cannot be vicariously liable under Section 149 IPC - Held that Section 149 IPC does not extend to offences requiring specific intent unless the common object includes such intent (Paras 5-8). C) Prevention of Destruction and Loss of Property Act - Section 2 - Applicability - The offence under Section 2 of the Act is attracted only when there is destruction or loss of property - In the present case, no such destruction was alleged against the petitioners - Hence, the said section was not applicable (Para 9).
Issue of Consideration
Whether the petitioners are entitled to anticipatory bail under Section 438 CrPC in connection with offences under Sections 143, 147, 188, 436, 120B, 427, 504, 506 r/w 149 IPC and Section 2 of Prevention of Destruction and Loss of Property Act.
Final Decision
The court allowed the criminal petitions and granted anticipatory bail to all petitioners subject to conditions: each petitioner shall execute a personal bond of Rs.1,00,000 with one surety; they shall cooperate with investigation and appear before the investigating officer as required; they shall not tamper with evidence or influence witnesses; they shall not leave the jurisdiction without prior permission; and they shall mark their attendance before the police station once a week until charge sheet is filed.
Law Points
- Anticipatory bail
- Section 438 CrPC
- Section 436 IPC
- Section 149 IPC
- vicarious liability
- prima facie case
- custodial interrogation
- Prevention of Destruction and Loss of Property Act
