IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4664/2019 AND CRL.P. NO. 4665/2019 In CRL.P. NO. 4664/2019 BETWEEN 1. MANJUNATH M H S/O HANUMANTHAIAH AGED ABOUT 30 YEARS RANGAPPANABIDI MEDIGESHI, TUMKUR – 572 133 2. DEVARAJ S/O THIMMAIAH AGED ABOUT 31 YEARS SRIGANDHANAGAR NEAR NISARGA HIGH SCHOOL HEGGANAHALLI, BENGALURU NORTH BENGALURU – 560 091 3. RAJASHEKAR S/O MUNIYAPPA AGED ABOUT 43 YEARS #4218, 1ST FLOOR HANUMAIAH BUILDING SRS ROAD, NEAR KEB OFFICE PEENYA, BENGALURU NORTH BENGALURU – 560 058 4. UMESH S/O SHINGRIGOWDA AGED ABOUT 45 YEARS #389, 2ND MAIN 3RD CROSS, MANJUNATHANAGAR NAGASANDRA, BENGALURU NORTH BENGALURU – 560 073 5. PRAKASH H C S/O LATE CHANNAPPA AGED ABOUT 39 YEARS MUGTHIHALLI, HOSURU NELLIKERE POST NONAVINAKERE TUMKUR – 572 224 6. SIDDANNA @ SIDDARAJU H J S/O JAVAREGOWDA AGED ABOUT 44 YEARS #E 295/1, NEAR ASHWINI SCHOOL BIRAVESHWARANAGARA, LAGGERE PEENYA SMALL INDUSTRIES BENGALURU NORTH BENGALURU – 560 058 7. SHOBHA W/O RAJU AGED ABOUT 39 YEARS # 42, 6TH CROSS VENUGOPALNAGAR BENGALURU NORTH BENGALURU – 560 073 8. SUNDRAMMA W/O BASAVARAJU AGED ABOUT 42 YEARS DOORAGRAMA JAYAPURA HOBLI MYSURU TALUK, DOORA POST MYSURU – 570 008 9. CHAITHRA C H W/O MANJUNATH K M AGED ABOUT 24 YEARS # 46/1, NEAR BBMP OFFICE DODDABIDRAKALLU NAGASANDRA, BENGALURU NORTH BENGALURU – 560 073 10. ASHA W/O MANJUNATH AGED ABOUT 34 YEARS # 232, 7TH CROSS DUGALAMMA LAYOUT LAGGERE, PEENYA SMALL INDUSTRIES BENGALURU NORTH BENGALURU – 560 058 11. VASANTHAMMA @ VASANTHA K W/O SEENAPPA AGED ABOUT 49 YEARS # 121, MANJUNATHANAGARA BENGALURU NORHT BENGALURU – 560 073 12. NAGAMMA W/O RANGASWAMY R/A NO.924/2, 1ST CROSS NANJAPPA BUILDING RAJESHWARINAGARA BEHIND YELLAMMA TEMPLE LAGGERE, BENGALURU – 560 058 13. PREM KUMAR, S/O NAGARAJ T R/A NO.259/7A, 2ND CROSS MYSURU ROAD RAGHAVANAGAR TIMBER LAYOUT BENGALURU – 560 026 14. R.ASWATH S/O S.K. RAMAMURTHY NO.25, RAJANNA BUILDING 19TH CROSS, SHIVPURA MAIN ROAD NEAR HATTI LAKKAMMA TEMPLE NELAGADARANAHALLI BENGALURU – 560 058 ... PETITIONERS (BY SRI. SARAVANA S., ADVOCATE FOR SRI. SATYANARAYANA S. CHALKE, ADVOCATE) AND THE STATE BY RAJAGOPALANAGAR POLICE STATION, BENGALUR REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DR. B.R. AMBEDKAR VEEDHI BENGALURU – 560 001 … RESPONDENT (BY SRI. ROHITH B.J., HCGP FOR R1) 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.202/2019 REGISTERED BY RAJAGOPAL NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/Ss. 143, 323, 324, 341, 354, 504 AND 506 R/W 149 OF IPC AND SECTION 3(1)(r)(s) OF SC/ST (POA) ACT.
IN CRL.P. NO. 4665/2019 BETWEEN SIDDESH C.S. S/O SHIVGOWDA AGED ABOUT 27 YEARS NO.25, CHITTIHALLI HOSUR BAGESHPURA HASSAN – 573 162 (BY SRI. SARAVANA S., ADVOCATE FOR ... PETITIONER SRI. SATYANARAYANA S. CHALKE, ADVOCATE) AND 1. THE STATE BY RAJAGOPALANAGAR POLICE STATION, BENGALUR REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA DR. B.R. AMBEDKAR VEEDHI BENGALURU – 560 001 2. T.S. SWAMY, S/O. SIDDANAYAK, AGED ABOUT 39 YEARS, NO.9/12. 4TH CROSS, 15TH MAIN, RAJAPPA REDDY BUILDING, N.G.R LAYOUT, RUPENA AGRAHARA, HOSUR ROAD, BENGALURU-560 068.
… RESPONDENTS (BY SRI. ROHITH B.J., HCGP FOR R1 SRI. B.T. VENKATESH FOR R2-COMPLAINANT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.202/2019 REGISTERED BY RAJAGOPAL NAGAR POLICE STATION, BENGALURU FOR THE OFFENCE P/U/Ss. 143, 323, 324, 341, 354, 504 AND 506 R/W 149 OF IPC AND SECTION 3(1)(r)(s) OF SC/ST (POA) ACT.
THESE CRIMINAL PETITIONS ARE COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER These two petitions are filed for grant of Anticipatory Bail to the petitioners/accused.
2. Heard the learned counsel for the petitioners/accused and the learned HCGP for the Respondent –State. Perused the records.
3. Since these two petitions arising out of same Crime No.202/2019 of Rajagopalanagar Police Station, Bengaluru, registered against 18 accused for the offence punishable under Sections 143, 323, 324, 341, 354, 504, 506 r/w. 149 of IPC and section 3(1)(r)(s) of SC/ST (POA) ACT, now pending on the file of CCH.71-City Civil Court Complex, Bengaluru City, they were heard together and disposed of by this common order.
4. The petitioner in Criminal Petition No.4665/2019 is arraigned as Accused No.1 and the petitioners 1 to 11 in Criminal Petition No.4664/2019 are arraigned as Accused Nos.5, 7, 8, 9, 10, 12, 14, 15, 16, 17 & 18. It is submitted that, the names of petitioner Nos. 12 to 14, do not appear in the FIR. But, they claim that, they also apprehend their arrest at the hands of the respondent-police in connection with this particular case.
5. The allegations made against the petitioners/accused in the FIR are that, some of the employees of Texport Aparales LLP Factory situated at Peenya II Stage, Bengaluru, in particular, the office bearers of the Labour Union were distributing some pamphlets and in that context, it is alleged that the security head Karibasavaiah came to the spot and as per the directions issued by the Manager of the said Company, told those persons not to distribute the pamphlets. In spite of that, the said persons have not desisted themselves from distributing the pamphlets. In that context, it is alleged that the accused persons came to that spot and abused the complainant-Sri. Swamy T.S. in filthy language referring to his caste etc. Of course serious allegations have been made against Accused No.1-Siddesh and Accused No.2- Hemanthegowda, who have actually used abusive words referring to the caste of the complainant as ‘Nayaka’, ‘Bastered’ etc. and they have also stated to have assaulted the complainant with the Helmet on his head etc. So far as the other accused persons are concerned, it is alleged that, they have also abused the complainant and others in filthy language. But there is no allegation that they have used filthy language referring to the caste of the complainant etc. Except Section 354, other alleged offences are not seriously punishable and even this offence is also not alleged against the other accused persons, except Accused Nos. 1 & 2. In the above said facts and circumstances, I am of the opinion, that the petitioners in Criminal Petition No.4664/2019 are entitled to be enlarged on bail.
6. It is submitted that, petitioners-12, 13 & 14 are also the employees of the said Company. Therefore, though their names do not find place in the FIR, they apprehend that they may also be implicated in this case as accused and the police may arrest them also in the said case, in future. In the facts and circumstances of the case, I am of the opinion that, their apprehension is reasonable. Therefore, since the FIR does not disclose the name of petitioner Nos. 12, 13 & 14, they are also entitled to be enlarged on anticipatory bail and consequently, the Criminal Petition No.4664/2019 deserves to be allowed. However, the petitioner in Criminal Petition No.4665/2019, who is arraigned as Accused No.1 and against whom, serious allegations are made so as to attract the provisions of Section 3(1)(r)(s) of SC & ST (POA) Act and in view of the bar under Section 18(A) of the SC & ST (POA) Act, no anticipatory bail can be granted in his favour. Hence, the Criminal Petition No.4665/2019 deserves to be dismissed. Hence, the following,-
ORDER I. Criminal petition No.4665/2019 in so far as the petitioner (A1)-C.S. Siddesh is concerned, is dismissed.
II. The Criminal Petition No.4664/2019 is hereby allowed. Consequently, the petitioners/Accused Nos.5, 7, 8, 9, 10, 12, 14, 15, 16, 17 & 18 in Crime No.202/2019 of Rajagopalanagar Police Station, Bengaluru, registered for the alleged offences, now pending on the file of CCH.71-City Civil Court Complex, Bengaluru City, shall be released on bail in the event of their arrest, on the following conditions:-
i) Each of the petitioners shall surrender themselves before the concerned Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute their respective personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety each 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 concerned Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Bengaluru District without prior permission of the Court, 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 15 days between 10.00 am. and 5.00 pm., before the concerned Investigating Officer for a period of two months or till filing of the final report, whichever is earlier.
Sd/-
JUDGE KGR*