IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.4755/2019 BETWEEN:
1. M.N. RAVI, S/O NINGAPPA, AGED ABOUT 42 YEARS, 2. VARUN, S/O M.N. RAVI, AGED ABOUT 19 YEARS, BOTH ARE R/AT NO. 30, 8TH CROSS, PIPELINE ROAD, NEAR SHANIMAHATHMA TEMPLE, T. DASARAHALLI, BENGALURU – 560 057.
3. HARI S.M., S/O MALLAIAH, AGED ABOUT 25 YEARS, R/AT NO.145, 8TH CROSS, 8TH MAIN, BHUVANESHWARINAGARA, PIPELINE ROAD, T DASARAHALLI, BENGALURU – 560 057.
4. SMT NIRMALA. A.S., W/O LOKESH, AGED ABOUT 43 YEARS, R/AT NO.626, 8TH MAIN, 6TH CROSS, BHUVANESHWARINAGARA, T DASARAHALLI, BENGALURU – 560 057. … PETITIONERS (BY SRI ARUN KUMAR Y.H., ADVOCATE) AND:
1. THE STATE OF KARNATAKA THROUGH POLICE, BAGALAGUNTE POLICE STATION, BENGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU – 560 001.
2. PANCHAKSHARI, D/O GURUSIDDAIAH, NO. 176, 8TH CROSS, BHUVANESHWARINAGARA, T DASARAHALLI, BENGALURU – 560 057. ... RESPONDENTS (BY SRI ROHITH B.J. HCGP FOR R-1, R-2 SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN EVENT OF HIS ARREST IN CR.NO.394/2018 OF BAGALAGUNTE POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTION SC/ST (POA) AMENDMENT ORDIANCE 2014, 3(1) (w) (I) (r) (s) 506, 504, 323 R/W SECTION 34, 354 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Respondent No.2 - complainant though served with notice, remained absent as per the submission of the learned High Court Government Pleader.
2. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the 1st respondent – State. Perused the records.
3. A person by name Sri Panchakshari lodged a complaint stating that on 04.10.2018 while he was proceeding on Shanimahatma temple road in 8th Cross of Bhuvaneshwari Nagar, T.Dasarahalli, Bengaluru, for walking along with his dog, people who were surrounding in the said place, on seeing his dog discharging excreta on the road, started abusing him and assaulted him. There is no mention as to what exactly the abusive words used by the petitioners or any body in order to humiliate the complainant in the public view and who are all present in the said place is not forthcoming in the complaint. Therefore, the complaint is too vague and at this stage, in the absence of investigation, it cannot be said that the offence under the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is strictly attracted.
However, that has to be established during the course of investigation and trial.
4. Under the above said circumstances, the petitioners who are arraigned as accused Nos.1 to 4 are entitled to be enlarged on anticipatory bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners shall be released on bail in the event of their arrest in connection with Crime No.394/2018 registered by the Bagalagunte Police Station for the offence under Section 3(1)(W)(I) and 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014 read with Sections 506, 504, 323, 34, 354 IPC, subject to the following conditions:-
i) The petitioners 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 their personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) 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) Petitioners 1 to 3 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.
Sd/- JUDGE PKS