IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION No.5864 OF 2017 BETWEEN:
1. Mr.Jawahar Lal, S/o. Dhanraj, Aged about 58 years, R/at No.45/4, Castle Street, Ashoknagar, Bengaluru Rural – 560 027.
2. Mr.Rahul, S/o. Jawahar Lal, Aged about 25 years, R/at No.45/4, Castle Street, Ashoknagar, Bengaluru Rural – 560 027. …Petitioners (By Sri. Raj Prabhu S., Advocate) AND:
The State, By K.R.Puram Police Station, Bengaluru – 560 036. Represented by The State Public Prosecutor, High Court of Karnataka, High Court Building, Bengaluru – 560 001. …Respondent (By Sri. S.Vishwamurthy, HCGP) 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.558/2016 of K.R.Puram P.S., Bengaluru for the offence P/U/S 120B, 406, 468, 420, 447, 323, 504, 506 R/W 34 of IPC and Sec.3(1)(x) of SC/ST (POA) Act.
This criminal petition coming on for Orders, this day, the Court made the following:-
ORDER The petitioners (A3 and A4 in FIR) apprehend their arrest by respondent-police in Crime No. 558/2016 in respect of the offences punishable under Sections 120B, 406, 468, 420, 447, 323, 504, 506 read with Section 34 of IPC and Section 3(1)(x) of Scheduled Caste/Schedule Tribe (Prevention of Atrocities) Act 1989.
2. The allegation is, over a property dispute, the accused persons on 16.10.2017 attacked the complainant, while he was in his agricultural land, insulted and abused him in filthy language by referring to his ‘Budaga Janguma’ caste and inflected blows on him.
3. The learned counsel for the petitioners has produced photo copies of the passport pertaining to petitioner No.2 to demonstrate that he left India for USA on 15.10.2016 and returned on 31.10.2016. On showing of the complaint itself, it is a property dispute between the complainant and vendor of the petitioners from whom they had purchased the property in the year 1994. That apart, the complaint lacks material particulars as to which of the accused insulted him by referring to his Schedule Caste/Schedule Tribe. Further, it cannot be presumed that all the five of them together would have insulted the caste of the complainant in one tone.
4. In that view of the matter, it cannot be said at this stage that a prima-facie case is made out against the petitioners in respect of offences under the provisions of Scheduled Caste/Schedule Tribe (Prevention of Atrocities) Act 1989, which entitles them for the relief of anticipatory bail.
5. Petition is allowed. Petitioners are granted anticipatory bail for a period of three weeks in Crime No. 558/2016 registered by respondent-Police. Within above period, they shall surrender before the concerned Court and move for regular bail. Till the disposal of their regular bail petition, this order will be in force;
i) In the event of his arrest by the Investigating Officer within above period, he shall be released on bail on executing a self-bond of Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned.
In view of the disposal of the main petition, I.A.No. 1/17 does not survive for consideration and the same stands disposed of.
Sd/- JUDGE SB