IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.9761/2018 c/w CRIMINAL PETITION No.9760/2018 IN CRL.P. No.9761/2018: BETWEEN:
Mr. Marigowda S/o Mr. Siddegowda Aged about 42 years R/at Konaludoddi Maralawadi Hobli Kanakapura Taluk Ramanagara District-562 117.
(By Sri A.P. Ranganatha, Advocate) AND:
State of Karnataka by Harohalli Police, Bangalore. through the Public Prosecutor High Court Buildings Dr. Ambedkar Veedhi Bangalore-560 001.
…Petitioner … Respondent (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.307/2018 of Harohalli Police Station, Ramanagara, for the offences punishable under Sections 302, 114 r/w Section 34 of Indian Penal Code and Section 3(2) (v-a) of SC/ST (Prevention of Atrocities) Act.
IN CRL.P. No.9760/2018: BETWEEN:
Mr. Gaviraju S/o Mr. Siddegowda Aged about 54 years R/at Konaludoddi, Maralawadi Hobli Kanakapura Taluk Ramanagara District-562 117.
(By Sri A.P. Ranganatha, Advocate) AND:
State of Karnataka by Harohalli Police, Bangalore. through the Public Prosecutor High Court Buildings Dr. Ambedkar Veedhi Bangalore-560 001.
(By Sri K.P. Yoganna, 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.307/2018 of Harohalli Police Station, Ramanagara, for the offences punishable under Sections 302, 114 r/w Section 34 of Indian Penal Code and Section 3(2) (v-a) of SC/ST (Prevention of Atrocities) Act.
These Criminal Petitions coming on for Orders this day, the Court made the following:-
O R D E R Criminal Petition No.9761/2018 has been filed by petitioner/accused No.2 under Section 439 of Cr.P.C.
Criminal Petition No.9760/2018 has been filed by petitioner/accused No.3 under Section 438 of Cr.P.C. to release them on bail and anticipatory bail respectively in Crime No.307/2018 of Harohalli Police Station, for the offences punishable under Sections 302, 114 r/w Section 34 of IPC and also under Section 3(2)(v-a) of SC/ST (Prevention of Atrocities) Act.
2. I have heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
Though notice is served to the complainant through police, she remained absent.
3. The gist of the complaint is that on 16.11.2018 at 4.30 p.m. complainant came to her house after finishing her work in the land and she was proceeding along with her deceased husband at Suzuki motorbike bearing Registration No.KA.05 HL.3361 for purchasing house hold items. When they came near Sri.Muneshwara temple, accused No.1 - Venkatesha and his companions stopped the said two wheeler and abused the complainant and her husband with filthy language and assaulted with wooden club and stones over the face, chest and private parts of the deceased and they also abused by taking the name of the caste and because of the said injuries, he died. On the basis of the complaint, a case has been registered.
It is further alleged that because of the previous animosity between the parties the alleged incident has taken place.
4. It is the submission of the learned counsel for the petitioners that petitioners/accused Nos.2 and 3 have not involved in the alleged crime and they were not present at the place of the alleged incident and there are no specific overt acts alleged against the petitioners/accused. It is further submitted that the petitioners/accused have been falsely implicated only because of the previous animosity. He further submitted that the provisions of Section 3 of the SC/ST Act are not attracted in view of non-presence of the petitioners/accused and not uttering any words by taking name of cast. He further submitted that the only allegation which has been made as per the complaint is that in the early hours of the day the accused persons showed the deceased and they followed his movements and thereafter after giving proper instructions that he shall made to murder. That is the matter which has to be appreciated only at the time of the trial. The alleged offences are though punishable with death or imprisonment for life there is no overt act. They are ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petitions and to release the petitioners on bail and anticipatory bail respectively.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that there is prima facie material as against the petitioners/accused to show that it is the petitioners/accused Nos.2 and 3 who abetted accused No.1 and his companions to commit the alleged offence because of the previous animosity i.e. earlier to the alleged incident, the child of the deceased was made nude and tried to sexually assault and the matter has been compromised in the police station and because of the earlier rivalry the present act has been done by the petitioners/accused. He further submitted that the documents and the investigation papers supports the case of the prosecution. He further submitted that, still the investigation is in progress and if the petitioners/accused are released on bail and anticipatory bail, they may abscond and may not be available for the trial. On these grounds, he prayed to dismiss the petitions.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records.
7. As could be seen from the contents of the complaint filed on 17.11.2018, admittedly when the alleged incident took place, at that particular time, the complainant was present and she has only stated that accused No.1-Venkatesh and his followers obstructed the motorbike and thereafter the remaining two persons came and accused No.1 assaulted and caused the injuries, as a result of the same, he succumbed to the injuries.
8. At the end of the said complaint it has been stated that the petitioner/accused - Marigowda and his brother Gaviraj with an intention to suppress the lower caste people and they have to hear their words, they showed the deceased and they instructed and abetted accused No.1 and his followers to deal with life of the deceased. Though there is an allegation, there is no overt acts and the presence of the petitioners/accused at the spot is not forthcoming. Under the said facts and circumstance the provisions of Section 3 of the SC/ST Act are not attracted and even though the main Sections which are going to be attracted are Sections 120-B and 109 of the IPC. Under the said facts and circumstances, I feel that if by imposing some stringent conditions, if the petitioners/accused are ordered to be released on bail, it is going to meet the ends of justice.
ORDER IN CRIMINAL PETITION NO.9761/2018:
Accordingly, Criminal Petition No.9761/2018 is allowed and the petitioner/accused No.2 is ordered to be released on bail, in Crime No.307/2018 of Harohalli Police Station, for the offences punishable under Sections 302, 114 r/w Section 34 of the IPC, subject to the following conditions:
i) Petitioner/accused No.2 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the trial Court.
ii) He shall not tamper with the prosecution evidence in any manner directly or indirectly.
iii) He shall mark his attendance in the jurisdictional police once in 15 days between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
iv) He shall not leave the jurisdiction of the Court without prior permission.
ORDER IN CRIMINAL PETITION NO.9760/2018:
Accordingly, Criminal Petition No.9760/2018 is allowed and the petitioner/accused No.3 is ordered to be released on anticipatory bail in the event of his arrest, in Crime No.307/2018 of Harohalli Police Station, for the offences punishable under Sections 302, 114 r/w Section 34 of the IPC, subject to the following conditions:
i) Petitioner/accused No.3 shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer within 15 days from today.
iii) He shall not tamper with the prosecution evidence in any manner directly or indirectly.
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iv) He shall mark his attendance in the jurisdictional police once in 15 days between 10.00 A.M. and 5.00 P.M. till the trial is concluded.
v) He shall not leave the jurisdiction of the Court without prior permission of the Court.
Sd/- JUDGE *AP/-