IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6414 OF 2019 BETWEEN SMT. KALA, WIFE OF SRIDHAR, AGED ABOUT 47 YEARS, RESIDING AT NO.41/3B, GOVINDARAJA BUILDING, SHIVA MANDIR ROAD, UDAYANAGAR, BENGALURU-560 016.
...PETITIONER (BY SHRI MANJUNATHA.B.V., ADVOCATE) AND 1. STATE BY MAHADEVAPURA PS, BENGALURU-560 016 REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BENGALURU-560 001.
2. SMT. DEVI, WIFE OF SUBRAMANI, AGED ABOUT 50 YEARS, RESIDING AT No.64, VIVEKANANDA STREET, UDAYA NAGAR, BENGALURU-560 016. …RESPONDENTS (BY SHRI.ROHITH.B.J., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT No.1 RESPONDENT No.2 - SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR.No.1/2019 OF MAHADEVAPURA POLICE STATION, BENGALURU CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 306, 504, 506 OF THE INDIAN PENAL CODE, 1860 AND SECTIONS 3(1)(r), 3(1)(s), 3(1)(f) AND 3(2)(va) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the first respondent - State. Perused the records.
2. The petitioner is arraigned as accused No.11 in Crime No.1/2019 registered by Mahadevapura Police Station for the offences punishable under Sections 504, 506, 306, 109 read with Sections 34, 37 and 109 of the Indian Penal Code, 1860 and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Later after filing of the charge sheet, a Special CC.No.420/2019 came to be registered on the file of LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru.
3. Brief facts of the case are that the complainant was residing with her daughter by name Ms. Dharani, who was a practicing Advocate. They belong to Adi Dravida caste, which comes under Scheduled Caste. It is alleged that complainant’s neighbour including the petitioners used to quarrel with her daughter by using filthy language with an intention to grab her property. In this context, it appears both the persons were fighting against each other. It is alleged that, two complaints were registered against accused persons previously, in Crime Nos.441/2018 and 442/2018. Earlier in this backdrop it is alleged that on 31.12.2018, the accused persons picked up quarrel with the deceased-Dharani and her mother and abused them in filthy language. Due to intolerable torture given by the accused persons, Ms. Dharani committed suicide by hanging herself inside the house. On the basis of these allegations, police have investigated the matter and filed charge sheet.
4. As the deceased Dharani belongs to scheduled caste, offence punishable under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been invoked so also Sections 504, 506 and 306 read with Sections 34, 37 and 109 of the IPC., have been invoked.
5. On perusal of the entire charge sheet, it is seen that common allegations are made against all the accused persons and accused No.6. All the other accused persons have already been released on bail by this Court in Criminal Petition Nos.4080/2019 connected with 4276/2019, 4940/2019, 2891/2019 and 3907/2019. The petitioner, in fact, reasonably apprehends arrest at the hands of the Police. As all the accused persons have already been released on bail, in my opinion, the petitioner is entitled for anticipatory bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner (accused No.11) – Smt. Kala shall be released on bail in the event of her arrest in connection with Crime No.1/2019 of Mahadevapura Police Station, Bengaluru, for the alleged offences and which is now pending in Spl.CC. No.420/2019 before the Court of LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, subject to the following conditions:
(i) The petitioner shall surrender herself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and she shall execute her personal bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating officer.
(ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
(iii) The petitioner shall cooperate with the Investigating Officer to complete the investigation, and she shall appear before the Investigating Officer as and when called for.
(iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission of the Court, till the charge sheet is filed or for a period of three months, whichever is earlier.
Sd/- JUDGE sma