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 CRIMINAL PETITION NO.6258/2019 BETWEEN:
SADAF @ SHADAB KHAN, S/O ALTHAF, AGED ABOUT 24 YEARS, R/AT SHIVAJYOTHINAGAR, HUNSUR TOWN, HUNSUR TALUK, MYSORE DISTRICT – 577 185.
(BY SRI. LETHIF B., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY HUNSUR TOWN POLICE STATION, MYSORE DISTRICT – 577 185.
REPRESENTED BY S.P.P., HIGH COURT BUILDING, BANGALORE – 560 001.
2. SIDDARAJU, S/O NINGAIAH, AGED ABOUT 46 YEARS, R/AT SIDDANAKOPPALU VILLAGE, HUNSUR TALUK, MYSORE DISTRICT – 577 185. (BY SRI HONNAPPA, HCGP. FOR R1) ... PETITIONER …RESPONDENTS 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 CR.NO.123/2019 OF HUNUSUR TOWN POLICE STATION, MYSURU FOR THE OFFENCE P/U/S 323, 307, 427, 504, 506 READ WITH SECTION 34 OF IPC AND SEC.3(1)(r)(s), 3(2)(v) OF SC/ST (PREVENTION OF ATTROCITIES ACT 1989).
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent No.1 – State. Perused the records.
2. Petitioner is arraigned as accused No.1 in crime No.123/2019 on the file of the respondent - police for the offences punishable under Sections 323, 307, 427, 504, 506 read with 34 of IPC and Sections 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance 2014 and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. It is the case of the prosecution that on 16.07.2019, at about 5.00 p.m. when the complainant was in his Shameeyana Shop at Siddana Koppalu village, at Hunasuru, two muslim persons came there on a Yamaha Motorcycle and they asked as to why the mike has been put and they asked him to stop. He replied that as it was a holy day, he has put the mike. But at that particular point of time, those two persons abused the complainant in filthy language referring to his caste and also assaulted him by hand on his face, left eye and hands and one of them kicked to the private part of the complainant.
4. On careful perusal of the complaint averments, it shows that there is no specific allegations as to what are all the specific abusive words used by the accused persons in order to attract Sections 3(1)(r)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance 2014 and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. There is neither any specification nor specific overt act made against the petitioner and other person.
5. The learned High Court Government Pleader produced the wound certificate of the complainant – Siddaraju wherein, it is mentioned that he sustained only three simple injuries. There is no material to show that the petitioner actually assaulted the injured.
6. Therefore, under the said facts and circumstances, the petitioner who is similarly placed as that of accused No.3, who has already released on anticipatory bail in Crl.P.No.6074/2019 vide order of this Court dated 27.09.2019, is also entitled to be enlarged on bail. Hence, the following:-
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.123/2019 of Hunsur Town Police Station, subject to the following conditions:-
1. The petitioner shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and he shall execute personal bond for a sum of Rs.50,000/- with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
2. The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
3. The petitioner shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer as and when called for.
4. The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
5. The petitioner shall mark his attendance once in a week i.e., every 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.
Sd/- JUDGE nvj