IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.3947 OF 2019 BETWEEN KARTHIK D.S.
S/O SHIVANNA D.C.
AGED ABOUT 31 YEARS R/AT #6, VATHSALYA NILAYA MANJUNATHA EXTENSION MAGADI TOWN – 562 120 RAMANAGAR (DIST) ... PETITIONER (BY SRI MANJUNATHA G., ADV.) AND STATE OF KARNATAKA BY STATION OFFICER RMC YARD POLICE STATION BANGALORE – 560 022 REPRESENTED BY LEARNED SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001 ... RESPONDENT (By SRI K.P.YOGANNA, HCGP) THIS CRL.P FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.315/2018 REGISTERED BY R.M.C. YARD POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 3(1)(r) AND 3(1)(s) OF SC/ST (POA) ACT AND SECTION 506, 341 AND 504 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned Counsel for the petitioner and the learned HCGP for the respondent- State. Perused the records.
2. In this particular case, the allegation made against the petitioner is that, he abused the complainant in the presence of one Uday Kumar, who came along with the complainant, referring to his caste as “¨Á¸ÀÖqïð ºÉƯÉAiÀiÁ £À£Àß ªÀÄUÀ£ÉÃ, ªÀiÁ¢UÀ £À£Àß ªÀÄUÀ£ÉÔ Therefore, above said allegations attract the provisions of law under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Therefore, as rightly observed by the trial court, Section 18 of the said Act is barred to grant anticipatory bail.
3. Though the learned Counsel for the petitioner has submitted before the court that there is a civil dispute between the parties and because of that a false case might have been initiated against the petitioner, at this stage, whether the allegations are false or not cannot be ascertained from the materials on record itself merely because it is stated that civil dispute is pending. It is a two-edged weapon. Therefore, at this stage, the court cannot imagine something which is not available on record.
4. Under the above said circumstances, I do not find any strong reason to exercise the powers under Section 438 of Cr.P.C. However, considering the nature of allegations and the facts of the case, I can direct the trial court to expedite the application, if filed for grant of regular bail.
With this observation, the petition is disposed of with a liberty to the petitioner to approach the trial court by filing a regular petition, in that eventuality, without waste of any time, the trial court has to consider the said application as expeditiously as possible.
Sd/- JUDGE KNM/-