IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.2141/2019 BETWEEN:
1. BELURU RAJAPPA, S/O BASAPPA, AGED ABOUT 32 YEARS, 2. KRUPAKARA, S/O BASAPPA, AGED ABOUT 30 YEARS, BOTH ARE R/O NAZEER NAGARA, CHIGATERI CROSS, HARAPANAHALLI – TQ, DAVANAGERE DISTRICT – 577 001.
(BY SRI. S.B.HALLI, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY HIGH COURT PUBLIC PROSECUTOR, BENGALURU – 01.
CHIGATERI POLICE STATION, HARAPANAHALLI CIRCLE, DAVANAGERE DISTRICT – 577 001.
2. SMT.AKKAMMA, W/O ANJINAPPA, AGED ABOUT 30 YEARS, R/O NAZEER NAGAR, ... PETITIONERS CHIGATARI CROSS, HARAPANAHALI TQ, DAVANAGERE DISTRICT – 577 001. (BY SRI ROHITH B.J., HCGP.) …RESPONDENTS 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.6/2019 OF CHIGATERI P.S., DAVANAGERE FOR THE OFFENCE P/U/S 323, 354, 504, 506 R/W 34 OF IPC AND SECTION 3(1)(r)(s), 3(1)(w), 3(2)(v-a) OF SC/ST (POA) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent No.1 – State. Perused the records.
2. Petitioners are arraigned as accused Nos.1 and 2 in Crime No.6/2019 of Chigateri Police Station for the offence punishable under Sections 323, 354, 504, 506 and 34 of IPC and Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v-a) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
3. The complainant by name Akkamma lodged a complaint stating that on 12.02.2019, stating that accused No.1 abused her husband referring to their caste as ‘Le Madiga Sule Magane’ and also attempted to outrage her modesty.
4. Learned High Court Government Pleader very fairly submitted that before the Court during the course of investigation, the police have recorded the statement of the complainant under Section 164 of Cr.P.C., wherein, the said complainant has stated that she has not given any complaint against the accused persons. But on the ground that if they give complaint, the petitioners may not interfere with regard to the shed in which they are living. Therefore, prima facie appears that no such incident must have been happened but a complaint as such has been lodged without any basis by the complainant.
5. Under the above said facts and circumstances of the case, in my opinion, petitioner is entitled to be enlarged on bail. 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.06/2019 of Chigateri Police Station, for the alleged offences subject to the following conditions:-
1. 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 they shall execute personal bond for a sum of Rs.50,000/- each with one surety for the like- sum to the satisfaction of the concerned Investigating Officer.
2. The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
3. 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.
Sd/- JUDGE nvj