IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6705 OF 2019 BETWEEN:
1. SMT. BABY, W/O MUNIRAJA, AGED ABOUT 30 YEARS, 2. SRI.RAMAPPA, S/O ERAPPA, AGED ABOUT 75 YEARS, 3. SRI.KRISHNAMURTHY, S/O RAMAPPA, AGED ABOUT 32 YEARS, 4. SRI.GOPALAPPA, S/O NANJAPPA, AGED ABOUT 70 YEARS, ALL ARE R/O THIRUMALA KOPPA VILLAGE, VOKKALERI HOBLI, KOLAR TALUK – 563 130.
... PETITIONERS (BY SRI.M.R.NANJUNDA GOWDA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY KOLAR RURAL POLICE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
2. SMT. NANJAMMA, W/O HANUMAPPA, AGED ABOUT 40 YEARS, R/O THIRUMALA KOPPA VILLAGE, VOKKALERI HOBLI, KOLAR TALUK – 563 130.
…RESPONDENTS (BY SRI.HONNAPPA, HCGP FOR R1) 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.298/2019 OF KOLAR RURAL P.S., KOLAR FOR THE OFFENCE P/U/S 323, 324, 354B, 504, 506, 109 AND 34 OF IPC AND SECTION 3(i)(r)(s) OF SC/ST (POA) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard learned counsel for the petitioners, learned High Court Government Pleader for the respondent – State and perused the records.
2. Petitioners are arraigned as accused Nos.2 to 5 in Crime No.298/2019 registered by the respondent-Kolar Rural Police Station against the petitioners for the offences punishable under Sections 323, 324, 354(B), 504, 506, 109 read with Section 34 of IPC and Sections 3(1) (r), 3(1) (s) of SC and ST (Prevention of Attrocities) Act, 1989.
3. It is alleged that on 23.07.2019 when the complainant by name Smt. Nanjamma and her husband had been to Sy.No.21 of Thirumalakoppa Village, Kolar Taluk, it is alleged that all the accused persons went there and picked up quarrel and accused No.1 abused the complainant in filthy language and also assaulted the complainant with the knife and all other persons abused her in filthy language referring to her caste.
4. Therefore, in view of the submission made in my opinion, there is no distinct and separate allegations made against the petitioners whether they have used abusive words referring to the caste of the complainant. However, it is submitted that notice is issued to the complainant which has been served and complainant remained absent. Further there is no material to show that the said abusive words have been used by the accused persons in presence of the public. Hence, the following;
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.298/2019 of Kolar Rural Police Station subject to the following conditions:-
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute (their respective) personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Kolar District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE HR