IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.1529/2019 BETWEEN:
Shri. Prabhakar Rao @ Sanaka Prabhakara Rao S/o late Sanka Venkteshwara Rao Aged about 55 years At No.1-7, 139/12, SRK Nagar Risala Gadda, Musheerabad, Hyderabad, Andra Pradesh-500 020.
…Petitioner (By Sri Abhishek N.N., & Sri Jagadeesh M.L., Advocates) AND:
1. State of Karnataka by Bandepalya Police Station Bandepalya, Bengaluru District, Represented by State Public Prosecutor High Court of Karnataka Building Bengaluru-560 001.
2. Shri. Madan Gopal S/o Nanjundaiah Aged about 62 years Residing at 46/1, Bandepalya, Garebhavi Palya, Bengaluru-560 068.
…Respondents (By Smt. Namitha Mahesh B.G., HCGP for R1; R2 is served & present but unrepresented) This Criminal Petition is filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.196/2018 of Bandepalya Police Station, Bengaluru, for the offences punishable under Sections 341, 365, 506 r/w.
Section 34 of IPC and Section 3(1)(5), 3(1)(8), 3(1)(9), 3(1)(10) of SC/ST (Prevention of Atrocities) Act.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R This petition has been filed by the petitioner/ accused No.2 under Section 439 of Cr.P.C. to release him on bail in Crime No.196/2018 (S.C.No.399/2019) of Bandepalya Police Station for the offence punishable under Sections 341, 365, 506 r/w 34 of Indian Penal Code and Section 3(1)(5), 3(1)(8), 3(1)(9), 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
The complainant is also present before the Court through the High Court Government Pleader. He has also supported the complaint which he has filed.
3. The gist of the complaint is that the complainant is the police. He lodged the complaint alleging that on 5.10.2018 at about 7.30 a.m. while he was proceeding on his bicycle in front of KCDC nursery gate in Hosapalya road at H.S.R. Layout, he was wrongfully restrained by unknown persons and dragged him into a car and drove towards Marathahalli via HSR Layout and took him within the jurisdiction of Kolar Police Station and asked him to get down from the car near Ganesha Temple at about 4.00 p.m. and told him to stay there, otherwise they would kill him. The complainant waited there for an hour, but no one returns. Thereafter, with the help of one Manju he reached his home and lodged the complaint.
Subsequently, statement of the complainant was recorded when he was in judicial custody in Crime No.306/2018 on 14.12.2018. In his statement he has stated that he has forgotten to mention certain facts in his original complaint dated 7.10.2018 and wanted to make further clarification and he has stated that he had two acres 17½ guntas of land in Sy.No.46/1 of Hongasandra village and he continued in possession of the said property. During the year 2013 accused No.2 claimed 30 guntas of land, there are several cases pending against the complainant and accused No.2. Accused Nos.1 and 2 colluding with other accused persons abducted him on 5.8.2018, thereafter again accused persons kidnapped him on 8.11.2018 at about 5.00 p.m. when he was returning to home along with the cows and the accused persons falsely implicated him in Crime No.306/2018.
4. It is the submission of the learned counsel for the petitioner/accused No.2 that already accused Nos.1, 4 and 5 have been released on bail. On the ground of parity, petitioner/accused No.2 is also entitled to be released on bail. It is further submitted that the complainant was nurturing the grudge against petitioner/accused as well as other accused persons, as he has lost the civil suit in O.S.No.3815/2014 pending on the file of IX Additional City Civil and Sessions Judge, Bengaluru, by order dated 18.4.2015. It is further submitted that when the complaint was registered no allegations have been made and subsequently the statement of the complainant was recorded on 14.12.2018 and therein he has made all the allegations. That itself clearly goes to show that only with an intention to harass the petitioner/accused a false complaint has been registered. He further submitted that he is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted on the instructions of the complainant that there is threat to the complainant and he has been provided with security. She further submitted that the petitioner/accused has involved in similar type of cases in Crime Nos.756/2014 and 120/2016 of Madiwala Police Station. That itself clearly goes to show that the petitioner/accused is a habitual offender and if he is released on bail, again he will indulge in similar type of criminal activities. She further submitted that the petitioner/accused has abused by taking the name of the caste of the complainant. There is a bar under Section 18A of the Scheduled Castes and Scheduled Tribes Act to release the petitioner/accused on bail. She further submitted that there is prima facie material as against the petitioner/accused to show that he is involved in a serious offence. On these grounds she prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
7. On close reading of the contents of the complaint it indicates that he has made certain allegations that at about 7.30 p.m. on 5.10.2018 when he was proceeding on a bicycle, at that time, a car came and he was pushed into the car and thereafter he has been taken and at about 4.00 p.m. he was taken on Chintamani road near the Ganesha Temple and he was made to alight from the car and he was threatened that he has to stay there, otherwise they are going to take away the life. Even as could be seen from the records the provisions of Sections 365 and 506 are concerned, they are the matters which have to be considered and appreciated at the time of trial. Though it is contended by the learned High Court Government Pleader that there is restriction under Section 18A of the Act to this Court to exercise power under Section 438 of Cr.P.C., but to approach this Court under Section 439 of Cr.P.C., there is no restriction. Under the said facts and circumstances, the said provision is also not applicable to the present facts of the case on hand.
8. Be that as it may even as could be seen from the contents of the complaint in the first instance the complaint was registered on 7.10.2018. In the said complaint even not a single word has been whispered about the accused abusing the complainant by taking the name of the caste. In that light also the restriction which has been imposed under the said Act is also not applicable to the present facts of the case on hand. Since already accused Nos.1, 4 and 5 have been released on bail, under the similar facts and circumstances, on the ground of parity, the petitioner/accused No.2 is also entitled to be released on bail. Even the apprehension of the learned High Court Government Pleader that the petitioner/accused has many cases, the same can be taken care of by imposing some stringent conditions.
9. With the above observations, the petition is allowed and petitioner/accused No.2 is ordered to be released on bail in Crime No.196/2018 (S.C.No.399/2019) of Bandepalya police station for the offences punishable under Sections 341, 365, 506 r/w 34 of Indian Penal Code and Section 3(1)(5), 3(1)(8), 3(1)(9), 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, subject to the following conditions:
i) The petitioner 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 directly or indirectly.
iii) He shall mark his attendance in the jurisdictional police on 1st of every month in 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.
v) He shall not indulge in similar type of criminal activities.
vi) If he again involve himself in similar type of criminal activities, the respondent police is at liberty to file an application for cancellation of the bail.
Sd/- JUDGE *AP/-