IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.1361/2019 BETWEEN :
Lalithamma W/o Annappa Naika Aged about 38 years R/a Mallaghatta, Tyhandya Village, Kadur Taluk, Chikkamagaluru-577 548.
(By Sri Vikas M., Advocate) AND :
State of Karnataka by Singatagere Police Station, Represented by State Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Sri M.Divakar Maddur, HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of her arrest in Crime No.2/2019 of Singatagere Police Station, Chikkamagaluru District, for the offences punishable under Sections 353, 333, 504, 506, 323, 341 r/w. Section 34 of Indian Penal Code.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R The present petition is filed by accused No.2 under Section 438 of Cr.P.C. praying to release her on anticipatory bail in Crime No.2/2019 of Singatagere Police Station for the offences punishable under Sections 353, 333, 504, 506, 323, 341 r/w. Section 34 of IPC.
2. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
3. The gist of the complaint is that on 28.1.2019 at about 2.15 p.m. when the complainant was discharging the duties as PDO, members of Somanahalli Panchayat, namely, accused No.1-Nagamma, accused No.2- Lalithamma, petitioner herein came there and abused him in filthy language. When the complainant stated that the beneficiaries are selected in the Gram Sabha, petitioner-accused No.2 held his collar and assaulted him. When the complainant came out from the panchayath, the other accused persons namely, Annappa Naik, Pandu and Asha Naika restrained the complainant, abused him, assaulted him with hands and threatened with life. At that time, other villagers pacified the quarrel and he noticed that his gold chain weighing 18 grams was found missing. He was taken to Kadur Government Hospital, wherein the statement of the complainant has been recorded and a case has been registered.
4. It is the submission of the learned counsel for the petitioner that the petitioner-accused No.2 was the member of the Gram Panchayat and she questioned the complainant about the beneficiaries who have been selected by alleging that some of the genuine beneficiaries have not been included in the said case. Being enraged by the said act of the petitioner-accused No.2, a false complaint has been registered. No such alleged incident has taken place as contended by the complainant. He further submitted that the alleged offences are not punishable with death or imprisonment for life and accused being the woman she is entitled to be released on bail under Section 437 of Cr.P.C. She is ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner on anticipatory bail.
5. Per contra, the learned HCGP vehemently argued and submitted that the petitioner being the member of Gram Panchayat along with accused No.1 and other accused persons abused the complainant in filthy language and they have assaulted him with hands as a result of the same, he sustained injuries and has taken treatment in Kadur Government Hospital. Petitioner is an influential person and if she is released on bail, she may tamper with the prosecution evidence and even she may threaten the complainant who is working as PDO. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. On close reading of the contents of the complaint and other material, it shows that the petitioner and other accused persons have abused and thereafter assaulted the complainant with hands, that is a mater which has to be considered and appreciated only at the time of trial. Alleged offences are not punishable with death or imprisonment for life. Petitioner-accused No.2 is a woman and no serious allegations have been made. In that light, the petitioner is entitled to be released on anticipatory bail.
Accordingly, the petition is allowed and the petitioner-accused No.2 is granted anticipatory bail. In the event of her arrest in Crime No.2/2019 of Singatagere Police Station for the offences punishable under Sections 353, 333, 504, 506, 323, 341 r/w.
Section 34 of IPC, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.1,00,000/- (Rupees one lakh only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) She shall surrender before the Investigating Officer within fifteen days from today.
iii) She shall co-operate with the investigation.
iv) She shall not tamper with the prosecution evidence in any manner.
v) She shall mark her attendance on 1st of every month before the jurisdictional police, between 10.00 a.m. and 5.00 p.m. till the charge sheet is filed.
vi) He shall not leave the jurisdiction of the trial Court without prior permission.
Sd/- JUDGE *ck/-