IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION NO.7199/2018 BETWEEN :
M. Ranganatha Setty S/o M.Lakshminarayana Setty Aged about 59 years Assistant Engineer and Incharge A.E.E (Assistant Executive Engineer), K.U.W.S & D.B., UGD Sub-Division, Shivamogga Residing at House No.MIG370 “Renuka Krupa” Near Annahazare Park Kallahalli, HUDCO Colony, Vinobhanagar, Shivamogga-577 204.
(By Sri Sundar Raj, Advocate) AND :
State Represented by Doddapete Police Shivamogga Represented by State Public Prosecutor High Court Building Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., 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 his arrest in Crime No.493/2018 of Doddapete Police Station, Shivamogga District, for the offence punishable under Section 304 of Indian Penal Code and Section 3(1) (j) of SC/ST (Prevention of Atrocities) Act and Sections 7 and 8 of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
This Criminal Petition coming on for orders this day, the Court made the following:-
O R D E R This petition is filed by accused No.2 under Section 438 of Cr.P.C., praying to release him on anticipatory bail in Crime No.493/2018 of Doddapete Police Station, Shivamogga for the offences punishable under Section 304 of IPC and Section 3(1)(j) of SC and ST (Prevention of Atrocities) Act and Sections 7 and 8 of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013.
2. Though the notice is served on the complainant, he has remained absent.
3. I have heard the learned counsel for the petitioner and the learned HCGP for the respondent- State.
4. The genesis of the complaint is that the complainant being the Assistant Director of Social Welfare Department filed the complaint alleging that the concerned Engineers, Contractors and Mestri, without looking into protective measures, forcibly dropped down one Anjanappa belong to Scheduled Caste into the manhole to work. While he was so working he suffered with suffocation and at that time one more person by name Venkatesh was also dropped down in the manhole to help him and because of the suffocation, both died in the manhole and on the basis of the complaint, a case has been registered.
5. It is the submission of the learned counsel for the petitioner that the petitioner is working as an Engineer and actually the said work has been entrusted to a Contractor and the petitioner is nothing to do with the said act and he has not committed any offence. He further submitted that already accused Nos.1, 3 and 4 have been released on anticipatory bail by this Court and on the ground of parity, the present petitioner is entitled to be released on bail. He further submitted that the alleged offences are not punishable with death or imprisonment for life. Petitioner being the Government Servant, there is no chance of he being absconded and he cannot flee away from justice. Petitioner is ready to abide by any conditions and ready to offer sureties. He further submitted that even the provisions of SC and ST (Prevention of Atrocities) Act (‘SC/ST Act’ for short) are not attracted to grant anticipatory bail. On these grounds, he prayed to allow the petition and to release the petitioner on anticipatory bail.
6. Per contra, the learned HCGP vehemently argued and submitted that the petitioner being an Engineer has not taken proper care and measures while dropping down the deceased and there is negligence on his part. She further submitted that the evidence collected by the prosecution clearly goes to show that the petitioner has committed the alleged offence. The alleged offences are serious in nature and anticipatory bail cannot be granted in view of Section 18A of the SC/ST Act. On these grounds, she prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records, including the complaint.
8. On close reading of the contents of the complaint, it would indicate that there is no serious allegation made to show that the petitioner knowingly that the deceased was belonging to Scheduled Caste or Scheduled Tribe and with that intention dropped down them in the man hole and as a result of the same, the alleged incident has taken place. Prima facie there is no material to attract the provisions of the SC/ST Act. It is well settled principle of law laid down by the Hon’ble Apex Court that if there is no prima case this Court can exercise its discretionary power under Section 438 of Cr.P.C. and release the accused on bail.
9. As could be seen from the records, already accused Nos.1, 3 and 4 have been released on bail by this Court under similar facts and circumstances in Criminal Petition No.6531/2018 c/w. Criminal Petition No.7077/2018, disposed of on 20.11.2018. Even as could be seen from the contents of the complaint, it would indicate that when the alleged incident took place petitioner was not supervising the work on the spot and it was accused No.7 who was supervising at the scene of offence at the relevant time. Under the facts and circumstances of the case, I feel that even the provisions of SC/ST Act are also not attracted in this behalf. The alleged offences are not punishable with death or imprisonment for life.
Taking into consideration the aforesaid facts and circumstances of the case, the petition is allowed. Petitioner-accused No.2 is ordered to be released on bail in the event of his arrest in Crime No.493/2018 of Doddapete Police Station, Shivamogga for the offences punishable under Section 304 of IPC and Section 3(1)(j) of SC and ST (Prevention of Atrocities) Act and Sections 7 and 8 of Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013, subject to the following conditions:-
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for the like sum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within fifteen days from today.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall cooperate during the course of investigation.
*ck/-
Sd/- JUDGE