IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION No.9520/2017 BETWEEN 1. ASHWATH NARAYAN S/O APPAYANNA AGED ABOUT 54 YEARS 2. RAMESH S/O APPAYANNA AGED ABOUT 49 YEARS 3. SACHIN S/O ASHWATHAPPA AGED ABOUT 25 YEARS 4. NAVEEN S/O ASHWATHAPPA AGED ABOUT 31 YEARS 5. VISHAL S/O RAMESH AGED ABOUT 21 YEARS ALL ARE RESIDING AT;
R/AT No.113, VIJAYA BANK ROAD VIDHYANAGAR CROSS BENGALURU NORTH TALUK BENGALURU – 562 157.
(BY SRI MANU N P, ADVOCATE FOR SRI R SRINIVAS, ADVOCATE) …PETITIONERS AND STATE OF KARNATAKA BY CHIKKAJALA P S (REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX) BENGALURU – 560 001.
(BY SRI K NAGESHWARAPPA, HCGP) …RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CR.No.122/2017 OF CHIKKAJALA P.S., BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 323, 504, 506 R/W 149 OF IPC AND SECTIONS 3(1)(10), 3(2)(5) OF SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and learned HCGP for respondent.
2. This Criminal Petition is filed under Section 438 of Code of Criminal Procedure by the petitioners seeking grant of anticipatory bail in the event of their arrest in Cr.No.122/2017 registered by the Chikkajala Police Station, Bengaluru, for the offences punishable under Sections 323, 504,506 read with section 149 of IPC and Sections 3(1) (10), 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
3. The substance of the complaint is, on 7.11.2017 at about 11-10 a.m., before the complainant came to the site, the lorry persons had dumped the stones in the road and while the complainant was removing the stones by the helpers, at that time, the accused persons came and abused him in the name of caste and assaulted him and put life threats to him on the subject of stocking construction materials and blocking road and a case is registered by the respondent-Police against the petitioners for the aforesaid offences in Crime No.122/2017 by respondent-Police.
4. Learned counsel for the petitioners would submit that petitioners have not committed any offences as alleged and they are ready and willing to abide by the conditions that may be imposed by this Court.
5. Learned HCGP would oppose the grant of bail to the petitioners.
6. In the context of circumstances and on going through the complaint, I find prima facie the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are not applicable to the case on hand. Thus, in the case, if the anticipatory bail is granted to the petitioners, no prejudice will be caused to the prosecution or to the ends of justice.
7. Therefore, the criminal petition is allowed subject to the following conditions;
(i) The petitioners in the event of their arrest in Cr.No.122/2017 of Chikkajala Police Station shall be released on bail, subject to the petitioners on executing personal bond for a sum of Rs.1,00,000/- each with one solvent surety for the likesum.
(ii) The petitioners shall not terrorize the witnesses or tamper with the prosecution evidence.
iii) The petitioners shall not leave Karnataka border without the permission of the Court.
(v) The petitioners shall mark their attendance before the Investigating Officer of the above case on first Saturday of each month till the disposal of the case.
(v) In case any criminal case is registered against the petitioners, the benefit of granting anticipatory bail under this bail stands cancelled and the petitioners remain liable for re-arrest.
Sd/- JUDGE tsn*