IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF JUNE 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.4531/2017 BETWEEN:
1. AKBAR S/O MAHABOOB PASHA AGED ABOUT 38 YEARS R/AT MURUGAMALLA POST CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT – 563 125.
2. HANUMANTHA REDDY S/O MUNIVENKATAPPA AGED ABOUT 37 YEARS R/AT GANGARASANAHALLI VILLAGE HOLURU HOBLI KOLAR TALUK – 563 101. …PETITIONERS (BY SRI B.ANAND, ADV.) AND:
STATE OF KARNATAKA BY KOLAR RURAL POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE – 560 001. ...RESPONDENT (BY SRI CHETAN DESAI, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.184/2017 OF KOLAR RURAL P.S., KOLAR DISTRICT FOR THE OFFENCES P/U/S 376, 420, 504, 506 R/W 34 OF IPC AND SEC.3(1)(xii), 3(2)(v) OF SC/ST (POA) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel appearing for the petitioners/accused and the learned High Court Government Pleader appearing for the respondent-State.
2. The petitioners (A-2 and A-3) apprehend their arrest by the respondent-police in respect of Cr.No.184/2017 registered for the offences under Sections 376, 420, 504, 506 r/w section 34 of IPC and sections 3(1)(xii), 3(2)(v) of SC/ST (POA) Act, 1989.
3. The allegation is, the victim had ongoing relationship since 2012 with the 1st accused and conceived. However, after delivery, the child expired. When she insisted him to marry her, he abused her filthily, insulted by referring to her Madiga caste and refused to marry her. The petitioners herein had assured her to arrange her marriage with the 1st accused. However, subsequently changed the colour, took a ‘U’ turn that they will arrange a spouse for her and a residence at Bengaluru and she has to withdraw the complaint. When she refused, they vowed to get bail for the 1st accused etc.
4. On a plain reading of the complaint allegation, it does not fall within any of the category of offences contemplated by section 3 of the SC/ST (POA) Act against these petitioners. Section 18 of the Act is not a bar for the petitioners to seek anticipatory bail.
Accordingly, the petition is allowed. Petitioners are granted anticipatory bail in Cr.No.184/2017 for a period of three weeks. Within the above period, they shall surrender before the concerned Court and move for regular bail. Till disposal of the regular bail petition, this order will be in force. In the event they are arrested by the respondent-
I.O. in respect of the above case within the above period, they shall be enlarged on bail on each of them executing a self bond for Rs.50,000/- with one surety for the likesum.
They shall co-operate with the Investigating Officer during further course of investigation.
Dvr:
Sd/- JUDGE