IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6424/2019 BETWEEN:
1. Ramegowda S/o Krishnappa Aged 33 years 2. S.Sathish S/o Late Shamanna Aged 30 years 3. Muniraju S/o Gangappa Aged 45 years 4. Manja @ Manjunath K S/o Kalappa Aged 38 years 5. Renukamma W/o Kalappa Aged 65 years 6. A.Ravikumar S/o D.Ashwathappa Aged about 35 years All are R/at Kundana village Kundana Hobli Devanahalli Taluk Bengaluru Rural District Pin Code : 562 110 (By Sri Bopanna B, Advocate) AND:
State by Vishwanathapura Police Station, Devanahalli Taluk Bengaluru Rural District Represented by the State Public Prosecutor High Court Building Bengaluru – 560 001 (By Sri Rohith B J, HCGP) …Petitioners …Respondent This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of their arrest in Cr.No.94/2019 of Vishwanathapura Police Station, Bengaluru Rural District for the offence punishable under Section 143, 147, 149, 323, 324, 504, 506 read with 149 of IPC and Section 3(1)(r)(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 Heard the learned counsel for the petitioners and the learned HCGP for the respondent-State. Perused the records.
2. Notice issued to the complainant has been served as per the submission made by the learned HCGP.
3. The petitioners are arraigned as accused Nos.1 to 6 in Crime No.94/2019 for the offence punishable under Sections 143, 147, 149, 323, 324, 504, 506 read with 149 of IPC and Section 3(1)(r)(s) of SC/ST (POA) Act.
4. The allegations against the petitioners are that, on 29.07.2019, they had been to the house of the complainant by name Akkayamma and they told to remove some of the stone slabs which belonged to Sri Basaveshwara Temple and attached to the house of the complainant. On that directions the son of the complainant has removed the said stone slabs and on the same day evening at 5.00pm, again accused No.1 Ramegowda went near the house of the complainant and asked why they have removed the stone slabs and in that context some quarrel took place and in the afternoon again the quarrel taken place and it is alleged that all the accused persons abused the complaint in filthy language and threatened them with dire consequences and also assaulted the complainant. Except making such bald allegations, there is no specific averments made in the complaint as to what exactly the filthy language used by the accused persons. Mere using of the word that the accused persons have abused her in filthy language is not sufficient to constitute offence under Section 3(1)(r)(s) of SC/ST (POA) Act. The other offences alleged are almost bailable in nature. Under the above facts and circumstances the petitioners have made out a ground to grant anticipatory bail as prayed for. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners (accused Nos.1 to 6) shall be released on bail in the event of their arrest in connection with Crime No.94/2019 of Vishwanathapura police station, Bengaluru Rural District for the alleged offences subject to the following conditions:-
i. The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute their personal bonds for a sum of Rs.1,00,000/- each (Rupees One Lakh only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii. The petitioners shall not indulge in hampering the investigation and tampering the prosecution witnesses.
iii. The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv. The petitioners shall not leave the jurisdiction without prior permission of the I.O., 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 fifteen days i.e., on any Sunday between 10.00 am and 5.00 p.m., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Kmv/-
Sd/- JUDGE