IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8569 OF 2018 BETWEEN:
1. SMT. MANJULA W/O PUTTALINGEGOUDA AGED ABOUT 45 YEARS R/AT NO.63, 3RD MAIN 3RD CROSS, HOSAKEREHALLI BENGALURU-560085.
2. SRI KRISHNA S/O NATESH NAIKER AGED ABOUT 63 YEARS R/AT NO.2, 4TH CROSS MARAPPA LAYOUT RAJARAJESHWARINAGAR BENGALURU-560098.
3. SMT. SANDHYA W/O RAVI K T AGED ABOUT 25 YEARS SOMVARPET KODAGU-571232.
4. KAVYA D/O RAVI AGED ABOUT 18 YEARS R/AT GUNDEGOUWDANAKOPPALU HASSAN-573202.
(BY SRI SHIVARAJ PATIL, ADV.) ... PETITIONERS AND:
STATE OF KARNATAKA REPRESENTED BY THE STATION HOUSE OFFICER RAJARAJESWARANAGAR POLICE STATION BANGALORE-560098 SPP, HIGH COURT BUILDING BENGALURU-01.
... RESPONDENT (BY SRI K P YOGANNA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.271/2018 REGISTERED BY RAJARAJESHWARI NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/S 324 AND 506 R/W 34 OF IPC AND SECTION 3(1)(R) AND 3(1)(S) OF SC/ST (POA) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Rajarajeshwari Nagar Police have registered Crime No.271/2018 against the petitioners for the offences punishable under Sections 324 and 506 r/w 34 of IPC and Section 3(1)(r) and 3(1)(s) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the basis of the complaint of one Gowramma, W/o. Late Shekar.
2. It is alleged that on 21.09.2018 at 7.30 a.m. when complainant’s mother Laxmikamalamma had been to the house of the petitioners, they abused Laxmikamalamma stating that Laxmikamalamma, complainant and her son belong to inferior caste and she should not come to their house. It is further alleged that the petitioners assaulted Laxmikamalamma and caused her injury and petitioners have obstructed the supply of drinking water to the complainant’s house since six months.
3. Petitioner No.1 is the landlady of the complainant.
According to the petitioners, petitioner No.2 and complainant’s husband Shekar are biological brothers and that is evident from the registered sale deed executed by them in favour of one Kamalammal on 19.02.1992. The complainant does not state that she belongs to schedule caste, but she claims the benefit because of her marriage with Shekar. In the aforementioned sale deed caste of Shekar is shown as Hindu – Yadavar. Therefore, the very fact of the complainant belonging to the schedule caste is under challenge.
4. Except that, all other offences are triable by the Magistrate. The wound certificate of Laxmikamalamma indicates abrasion over the left wrist joint and swellings over the left elbow joint and the said injuries are simple in nature. In the wound certificate, history was mentioned as assault and no weapon was mentioned. Under these circumstances, it is a fit case to grant anticipatory bail. Therefore, the petition is allowed.
5. The petitioners 1 to 4/accused Nos.1 to 4 are granted anticipatory bail in Crime No. 271/2018 of Rajarajeshwari Nagar Police Station. If they are arrested in the said case, they shall be released on bail on the following conditions:
(i) They shall appear before the Investigating Officer within ten days from the date of receipt of copy of this order.
(ii) They shall execute personal bonds in a sum of Rs.25,000/- and furnish two sureties in the likesum to the satisfaction of the Investigating Officer/Magistrate for their appearance.
(iii) They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/trial.
(iv) They shall not tamper the prosecution witnesses in any manner.
NG* CT:Bms Sd/- JUDGE