(1.) This criminal petition is filed by the petitioner under Section 438 of Cr.P.C., seeking anticipatory bail in Crime No.145/2019 of Gadag Railway Police Station, Gadag for the offences punishable under Sections 154 , 155 and 160 of Railway Act, 1989.
(2.) Heard the learned counsel for the petitioner and the learned HCGP for the respondent - State.
(3.) Brief facts of the case are that the complainant is working as Gateman at LC gate No.56/T and on 06.05.2019, the when the complainant was on duty between 11:00 hours to 21:00 hours at 16:40 hours as per the instruction of Dy.S.S.Bhanapur, he started the said gate to close for road traffic to pass the train No.56928 Ex. Gangavathi to Hubbali; in the meantime, KSRTC Bus bearing registration No.KA-37/F-0626 coming from Bhanapur village side and going towards Kukanoor village entered rashly and negligently without observing the instruction of the gateman and hit the said gate boom and stopped the bus near by LC gate and he undertaken that the passengers are in the bus and he will attend later and left the place along with bus. Due to hit and damage to the said LC gate boom, the complainant unable to close the gate for road traffic. Therefore, he applied for emergency gate for controlling the road traffic and passed the train No.56928. Based on these allegations complaint came to be lodged before the Police against the accused for the aforesaid offences.