IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4348/2019 BETWEEN:
B.T.Girisha S/o B.G. Thippeswamy, Aged about 23 years, R/at Abbenahally Village, Challakere Taluk, Chitradurga District-577501.
(By Sri N.D.Manjunath, Advocate) AND:
…Petitioner 1. The State of Karnataka Through the Nayakanahatty Police Station, Rep. by SPP High Karnataka, Bengaluru – 560 001 2. Durugappa S/o.Hanumaiah, Aged about 55 years, R/at Abbenahalli Village, Challakere Taluk, Chitradurga - 577522 (By Sri.K.P.Yoganna, HCGP) …Respondents This Criminal Petition is filed under Section 438 of Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Crime No.29/2019 of Nayakanahatti Police Station, Chitradurga District for the offence P/U/S 354A 504, 506 of IPC and Sections 3(1)(r)(s), 3(1)(w)(I), 3(2) (5a) 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 for the petitioner and learned HCGP for the respondent-State. Perused the records.
2. The Notice issued to the complainant through learned HCGP stated to have been served but the Complainant remained unrepresented.
3. The petitioner arraigned as accused in Crime No.29/2019 registered by Nayakanahatty Police Station for the offences punishable under Sections 354(A), 504, 506 of IPC and Section 3(1)(r)(s), 3(1)(W)(1) and 3(2)(5a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
4. The facts divulged from the charge-sheet papers are that, the victim girl-CW4 has been residing with her parents at Abbenahalli Village, Challakere taluk. It is alleged that on 17.02.2019 in the night hours at about 2 PM victim girl along with CW5 came out from house to attend nature call, at that time the accused-petitioner went there and caught hold victim girl and made her lie on the ground and abused her in filthy language by referring to her caste and also touched her private part of the body. When CW5 screamed for help, petitioner-accused ran away from the spot.
5. In support of the above said facts, the victim girl has given her statement under Section 164 (5) Cr.P.C before the jurisdictional Magistrate and reiterated the above said facts and explained how some injuries caused to her during the above said incident.
6. Looking into the above facts and circumstances, in my opinion, the petitioner is not entitled to be enlarged on anticipatory bail. However, he is at liberty to move the court for grant of regular bail. In that eventuality, the trial Court has to expedite the said bail petition and dispose of the matter as expeditiously as possible.
With these observations, petition stands dismissed.
Sd/- JUDGE SB