IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.9076/2018 BETWEEN:
Giribabu S/o G.K.Avalappa Aged about 50 years, R/a No.237, 10th Cross, Pavamana Nagara, Gottigere Village, Bannerghatta Road, Bengaluru – 560 083.
...Petitioner (By Sri.Y.R.Sadashiva Reddy, Senior Counsel for Sri.Rahul.S.Reddy, Advocate) AND:
State by Halasur Gate Police Station Represented by SPP High Court of Karnataka, Bengaluru – 560 001. ... Respondent (By Sri. K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying to enlarge the petitioner on bail in the event of his arrest in Crime No.196/2018 of Halasurgate Police Station, Bengaluru for the offence punishable under Sections 354B, 341, 506 of IPC and Section 3(1)(10) of SC/ST (POA) Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.196/2018 of Halasurgate Police Station for the offences punishable under Sections 354(B), 506, 341 of IPC and also under Section 3(1)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as ‘SC & ST Act’).
2. I have heard the learned counsel for petitioner and the learned High Court Government Pleader for respondent-State and perused the records.
3. Gist of the complaint is that on 14.08.2018, the complainant attended City Civil Court to give evidence and after recording the evidence she went to parking lot in the 5th floor. At that time, the petitioner/accused came and abused her by taking the name of caste; assaulted by pulling her hair; touched her body and threatened to kill her and thereby, he has insulted the complainant. At that time, her friends who were present there, saved her and thereafter, she went to file a complaint.
4. It is the submission of learned Senior Counsel for the petitioner that the first complaint was filed by the petitioner for having been assaulted by the complainant and later only as a counter blast, the present complaint has been filed. He further submits that the if the entire material in the complaint is perused, it dos not disclose the name of the caste used by the petitioner/accused and that he has not abused the complainant by taking the name of the caste. He further submits that provisions of Section 3(1)(x) of SC & ST Act are no longer in the statute book and could not have been invoked. Under such circumstances, it is no offence at all. He further submits that the entire complaint is very vague and even there is no material and the basic ingredients of the offence are missing in the complaint itself. On these grounds, he prays to allow the petition and to release the petitioner/accused on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the statement of victim and the complaint merely goes to show that the petitioner/accused abused her with the name of her caste and as such provisions of Section 3(1)(x) of SC & ST Act are attracted. He further submits that there are eye witnesses to the alleged incident. Even in the statement recorded he has categorically stated that there is abuse of the caste and submitted that there is a bar under Section 18 of SC & ST Act to grant anticipatory bail. On these grounds, he prayed to dismiss the petition.
6. Though this Court issued notice to the complainant and same has been served, he has remained absent.
7. I have carefully and cautiously gone through the contents of the complaint and other materials, which has been produced in this behalf.
8. As could be seen from the contents of the complaint and other materials, it discloses the fact that when the complainant came to the parking lot at that time, it is the petitioner/accused who has taken the name of the caste abused and thereby assaulted her and on close reading of the said complaint, the main ingredients of the offence are missing. She has not specifically stated what is the case and on what basis he has abused the complainant. I am conscious of the fact that while exercising the bar under Section 18 of SC & ST Act, there should be prima facie material attracted. Under such circumstances, this Court can exercise the bar under Section 18 of SC & ST Act and in so far as the offence is concerned, the alleged offence is not punishable with death or imprisonment for life.
9. In the light of the above facts and circumstances, petition is allowed and the petitioner/accused is ordered to be released on anticipatory bail, in the event of his arrest in Crime No.196/2018 of Halasurgate Police Station for the offences punishable under Sections 354(B), 506, 341 of IPC and also under Section 3(1)(x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 subject to the following conditions:
1. In the event of his arrest, the Investigating Officer is directed to enlarge him on bail on being executing a personal bond for a sum of Rs.2,00,000/-(Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
2. He shall surrender before the Investigation Officer within 15 days from today.
3. He shall not tamper with the prosecution evidence either directly or indirectly.
4. He shall not leave the jurisdiction of the Court without prior permission of the Court.
5. He shall mark his attendance once in 15 days between 10.00 a.m., to 5.00 p.m., before the jurisdictional police station for a period of six months.
Sd/- JUDGE UN