IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7068/2017 BETWEEN:
Naveen S/o Narasimhappa Aged about 24 years R/o Gollahalli Electronic City Post Hosur Main Road Bangalore-560 100.
Occ: Student. ... PETITIONER (By Sri Shankarappa S, Adv.) AND:
State of Karnataka By Electronic Police Station Represented by the State Public Prosecutor High Court Building Bengaluru-560 001. ...RESPONDENT (By Sri Chetan Desai, HCGP) This Criminal Petition is filed under Section 438 of the Cr.P.C. praying to enlarge the petitioner on bail in the event of his arrest in Spl.C.C.No.114/2017 pending on the file of II Additional District and Sessions Judge, Bengaluru Rural District, Bengaluru and Crime No.39/2017 of Electronic City Police Station, Bengaluru City, for the offences P/U/S 302, 120(B) read with Section 34 of IPC and Section 3(1)(r) and 3(2)(V) of SC & ST Act, 1989.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER This petition is filed by the petitioner/accused No.4 under Section 438 of Cr.P.C. seeking anticipatory bail, to direct the respondent-police to release the petitioner on bail in the event of his arrest for the offences punishable under Sections 302, 120B r/w Section 34 of IPC and also under Section 3(1)(r) and Section 3(2)(V) of SC/ST (POA) Act registered in respondent police station Crime No.39/2017 and now pending in Spl. C.C.No.114/2017 on the file of the II Additional District Judge, Bangalore Rural District, Bangalore.
2. Heard the arguments of the learned counsel appearing for the petitioner/accused No.4 and also the learned High Court Government Pleader appearing for the respondent-State.
3. Deceased is one Srinivas. He was working as a driver in Lakshmi Tours and Travels. The complainant is the brother of the deceased.
4. I have perused the grounds urged in the bail petition, FIR, complaint and other materials placed on record.
5. As per the prosecution case, C.W.2, C.W.19 and C.W.22 are the eyewitnesses to the alleged incident. In their statements they have specifically alleged that accused No.2 Rakesh and accused No.3 Sarvesh have assaulted the deceased Srinivas with deadly weapons and caused the injuries all over his body.
6. The doctor who conducted autopsy over the body of the deceased has opined that death is due to multiple injuries sustained. So far as the petitioner herein is concerned, it is not even mentioned by the eyewitnesses that they have seen the petitioner at the spot along with other accused persons and he has participated in the alleged act of assaulting the deceased. No doubt, there is a bar under Section 18 of the SC/ST (POA) Act to grant anticipatory bail. But, the Court has to examine the materials placed on record to ascertain whether they constitute any offence under the provisions of SC/ST (POA) Act.
7. Perusing the materials placed on record and as I have already observed above, even in the statement of alleged eyewitnesses C.W.2, 19 and 22 it is not mentioned that petitioner herein is also involved in committing the said offences. The materials on record will not constitute the offence under the provisions of SC/ST (POA) Act. Therefore, Section 18 of the said Act cannot be a bar for grant of anticipatory bail.
8. Investigation is completed and charge sheet is also filed. Petitioner claims that he is innocent and not involved in the alleged offences and is ready to abide by any reasonable conditions to be imposed by the Court.
9. Hence, petition is allowed. The respondent- police are directed to enlarge the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 302, 120B r/w Section 34 of IPC and also under Section 3(1)(r) and Section 3(2)(V) of SC/ST (POA) Act registered in respondent police station Crime No.39/2017 and now pending in Spl.
C.C.No.114/2017 on the file of the II Additional District Judge, Bangalore Rural District, subject to the following conditions:
i. Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- and shall furnish one solvent surety for the likesum to the satisfaction of the arresting authority.
ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner shall make himself available before the Investigating Officer for interrogation, as and when called for and to cooperate with the further investigation.
iv. Petitioner shall appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the surety bond.
Sd/- JUDGE bkp