IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6514 OF 2019 Between:
1. Mr.Krishnappa S/o. Late Mariyappa, Aged about 45 years, Resident of Mantappa Village, Jigni Hobli, Anekal Taluk-560083 Bengaluru Rural District.
2. Mr. Mallesh S/o. Late Mariyappa, Aged about 38 years, Resident of Mantappa Village, Jigni Hobli, Anekal Taluk-560083 Bengaluru Rural District.
(By Sri. Mahesha P., Advocate) And:
1. State of Karnataka By Bannerghatta Police Station, Represented by S.P.P., High Court Building Bengaluru-01.
... Petitioners 2. Niranjan, S/o. Nanjundappa, No.2A, Old Sampegehalli, Janagalpalya, Jigani Taluk, Bengaluru District, Karnataka (By Sri. Honnappa, HCGP for R1, R2 is served) …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.105/2019 registered by Bannerghatta Police Station, Bengaluru District for the offence punishable under Sections 323, 324, 327, 504 and 506 read with 34 of IPC and Section 3(1)(r)(s) of SC/ST (POA) Act.
This Criminal Petition coming on for orders this day, the court made the following:-
ORDER Notice issued to the complainant has been served as per the submission made by the learned High Court Government Pleader.
2. Heard and perused the records.
3. The learned counsel for the petitioners files a memo not pressing the petition so far as the petitioner no.2 is concerned. Hence the petition is dismissed so far as petitioner no.2 is concerned.
4. The brief facts of the case are that on 8.7.2019, a complaint came to be lodged by one Niranjan making allegations that on 4.7.2019 when the complainant was near newly constructed house, at that time all the accused persons went there and abused him in filthy language referring to his caste. Particularly it is stated that one Nagaraju has abused him with reference to his caste and also threatened him with dire consequences of killing him etc., and also snatched 50 grams of gold chain from him and abused him referring to his profession also. It is submitted that other accused persons are already released on bail under Section 439 Cr.P.C. There is no specific allegation against the petitioner no.1 that he actually used any abusive words against the petitioner referring to his caste. False allegations are made against the accused persons so as to attract Section 3(1) (r) (s) of SC/ST Act. Other offences appears to be bailable in nature. In the above said circumstances, the petitioner no.1 is entitled to be enlarged on bail. Hence the following:
ORDER The petition is partly allowed. Petition so far as petitioner No.2 is dismissed as not pressed. Consequently, the petitioner no.1 shall be released on bail in connection with Crime No.105/2019 of Bannerghatta Police Station for the offence under Section 323, 324, 327, 504, 506 r/w 34 IPC and Section 3(1)(r)(s) of SC/ST Act and pending before II Addl. District and Sessions Judge & Special Judge, Bangalore Rural District, Bangalore, in the event of his arrest for the alleged offences subject to the following conditions:
i) The petitioner no.1 shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and he shall execute his personal bond for a sum of Rs.1,00,000/- (One Lakh only) with one surety for the like- sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner no.1 shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner no.1 shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner no.1 shall not leave the jurisdiction without the prior permission of the Investigation Officer, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e., on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE sd