IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO.892/2019 BETWEEN:
Latha W/o Manjunath, Aged about 35 years, R/at # 86, Near Cauvery Circle, Hebbal, 2nd Stage, Mysuru-570001. ...Petitioner (By Sri Srinivasa M.G., Advocate) AND:
State by Hebbal P.S. Mysuru District-570001. Represneted by State Public Prosecutor, High Court of Karnataka, Bengaluru-560001. ... Respondent (By Sri. M. Divakar Maddur, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code praying that this Hon’ble Court may be pleased to enlarge the petitioner on bail in the event of her arrest in Cr.No.89/2018 of Hebbal P.S., Mysuru City for the offence P/U/S 307, 363, 448, 302 R/w 34 of IPC and Sec.3(2)(V) of SC/ST(POA) Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
O R D E R The present petition has been filed by the petitioner/accused No.3 under Section 438 of Cr.P.C. praying this Court to release him on anticipatory bail in the event of his arrest in Crime No.89/2018 of Hebbal Police Station for the offences punishable under Sections 307, 363, 448 and 302 read with Section 34 of IPC and 3(2)(V) of SC and ST (Prevention of Atrocities Act), 1989.
2. I have heard the learned counsel for the petitioner and the learned State Public Prosecutor for respondent-State. Though the notice served on the complainant, the complainant remained absent.
3. Gist of the complaint is that the son of complainant sent messages to accused No.3 on 05.12.2018, accused No.1 came near the house of complainant and there was some altercation. The complainant has pacified him and he has left the place. Again on 07.12.2018, when the wife of complainant and his son were sleeping in the house around 12.30 a.m., accused No.1 came along with accused No.3 and another person and knocked the door and on opening the door, they entered the house and called the victim, abused them in filthy language and threatened him that they are going to take away the life of the victim as he again sent message to his sister, accused No.1 has assaulted on his face head and other accused persons have assaulted him and took him in Honda Activa scooter towards ring road. The complainant has called his son-in-law and went with him on his motorbike and at Hinakal apartment, the victim was found laying on the ground unconscious and accused No.1 went along with others from the spot. Immediately he has called the ambulance and shifted his son to the Hospital. On the same day at about 5.30 p.m. he has lodged the complaint. The victim was under treatment, on 22.12.2018 he succumbed to the injuries. On the basis of the said complaint, the case has been registered.
4. It is the submission of the learned counsel for petitioner that because of the messages sent by the victim, the alleged altercation have been taken place. It is further submitted that already accused No.2 has been released on bail by the Court below. On the ground of parity, the present petitioner/accused No.3 is also entitled to be released on bail. There are no specific overt-acts alleged against the petitioner/accused No.3. The petitioner is being lady she is also entitled to be released on bail under Section 437 of the Cr.P.C. The ingredients of complaint does not constitute any offence. The petitioner/accused No.3 is ready to abide by the conditions that may be imposed on her by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition and to release the petitioner/accused No.3 on bail.
5. Per contra, learned High Court Government Pleader vehemently argued and submitted that the petitioner/accused No.3 instigated other accused persons. Accused No.1 has assaulted the deceased. Subsequently, the victim has succumbed to the injuries. There are eye witnesses to the alleged incident. the petitioner/accused No.3 along with other accused persons came to the house of the decased and abused him. Subsequently, she assaulted the deceased, because of the injuries he died. There is ample material to connect the petitioner to the alleged incident. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for both the parties and perused the records.
7. On close reading of the contents of the complaint and other materials it discloses the fact that the accused persons have trespassed into the house of the complainant. They assaulted the deceased. Thereafter, they took deceased along with them and again they have assaulted and cause the death of the deceased because he was sending messages to the sister of accused No.1. Though the complalint and other materials goes to show that no specific overt-act has been alleged as against the petitioner/accused No.3, the charge sheet material goes to show that she has actually participated and she is one of the member of the said unlawful assembly. Under such circumstance, I feel that it is not a fit case to exercise the power under Section 438 of Cr.PC to release the petitioner/accused No.3 on anticipatory bail. Hence, petition stands dismissed.
However, liberty is given to the petitioner/accused No.3 if she surrenders before the Court below and files an application for regular bail, the above observations will not come in the way of disposing such bail application on merits by the Court below.
Sd/- JUDGE KTY