IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF NOVEMBER 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.7149/2019 BETWEEN:
1 . LOKESHA N S/O NAGALINGAPPA AGED ABOUT 36 YEARS, R/AT #60, VEERABADRASWAMY TEMPLE ROAD, NEA RUDRA TEMPLE, NAGAMANGALA MANDYA-571432 2 . DARSHAN NAGESH S S/O SHIVA PRAKASH AGED ABOUT 19 YEARS, R/AT BALAPPA MANTI KUPPALU BEERESHWARAPURA MANDYA TALUK MANDYA-571432 3 . SMT CHANRAMATHI K M S/O SHIVA PRAKASH J S AGED ABOUT 46 YEARS, R/AT BALAPPA MANTI KUPPALU BEERESWARAPURA, MANDYA TALUK MANDYA DISTRICT-571432 ...PETITIONERS (BY SRI: NARASEGOWDA K, ADVOCATE) AND STATE OF KARNATAKA BY MADANAYAKANAHALLI POLICE STATION REP BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BUILDING BENGALURU-562111 (BY SRI: ROHITH B.J., HCGP) ******* ..RESPONDENT THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.462/2019 OF MADANAYAKANAHALLY POLICE STATION, BENGALURU CITY FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3(1)(r),(s)(w) OF SC/ST (POA) ACT 2014 AND SECTIONS 323, 355, 384, 504, 506 R/W SECTION 34 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 petitioners, the learned HCGP for the respondent - State and perused the records.
2. Learned counsel for the petitioners’ files a memo stating that petition sofar as petitioner No.1 is concerned may be dismissed. Hence, the petition is dismissed sofar as petitioner No.1 is concerned.
3. Learned HCGP submits that notice has been served on the complainant.
4. Petitioner Nos.2 and 3 are arraigned as accused Nos.2 and 3 in Cr.No.462/2019 for the offence under sections 3(1)(r), 3(1)(s) and 3(1) (w) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 2014(for short ‘Atrocities Act’) and Sections 323, 355, 384, 504, 506 r/w section 34 of IPC. Except the offence under section 384 IPC and the offences under Atrocities Act, all other offences are bailable in nature. Section 384 IPC is punishable with imprisonment for three years.
5. The brief facts of the case are that on 13.09.2019, the wife of accused No.1 by name Malashri lodged a complaint stating that she married accused No.1 about five years ago. From January 2019, accused No.1 started abusing and ill-treating her. In that regard, there was disruption in the relationship. Accused No.1 started living at Chikkagollarahatti village in his Aunt’s house. In this background, it is alleged that on 07.09.2019, when the complainant had been to a temple at Chikkagollarahatti village and returning back, all the accused persons intercepted and abused her in filthy language referring to her caste name and also assaulted her with chappals and dragged her from one place to another and tried to outrage her modesty and snatched her mangalya chain and mobile etc., Accused No.1 has already been arrested and therefore, petition has not been pressed sofar as accused No.1(petitioner No.1) is concerned. Omnibus allegations are made on all the accused persons that they have abused her in filthy language referring to her caste. It is not stated in the complaint that whether the same was done in public view or any other persons were there at that particular point of time so as to attract section 3(1) (r), (s) and (w) of Atrocities Act. Therefore, attraction of the said provisions themselves are doubtful and at this particular stage, remaining offences are seriously punishable except Section 384 IPC. Hence, under the above said circumstances, because of the differences between husband and wife, there may be chances of incorporating the names of these petitioners into the crime. Therefore, the offences alleged have to be proved beyond reasonable doubt during the course of full-dressed trial. Under the above said circumstances, petitioners are entitled to be enlarged on bail. Hence, the following:-
ORDER 1. Petition filed by petitioner No.1 is dismissed as not pressed.
2. Petition filed by petitioner Nos.2 and 3 is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.462/2019 of Madanayakanahally Police Station, Bengaluru District subject to the following conditions:-
i) The petitioner Nos.2 and 3 shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/- each with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their 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.
*mn/-
Sd/- JUDGE