IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION NO.10063/2017 BETWEEN:
1. SMT SHIVARATHNAMMA W/O MAHADEVAIAH, AGED ABOUT 35 YEARS, 2. SRI SHANTHAMALLAIAH S/O LATE BASAPPA, AGED ABOUT 60 YEARS, 3. SMT. MAHADEVAMMA W/O SHANTHAMALLAIAH, AGED ABOUT 45 YEARS, 4. SRI SHIVAMADAIAH S/O LATE BASAPPA, AGED ABOUT 62 YEARS, 5. SMT. NANJAMMA W/O SHIVAMADAIAH, AGED ABOUT 48 YEARS, 6. SRI MAHADEVAIAH S/O LATE BASAPPA, AGED ABOUT 45 YEARS, ALL ARE RESIDENTS OF T.KEMPANAHALLI VILLAGE, HULIYURDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572 101.
... PETITIONERS (BY SRI CHETHAN B, ADV.,) AND:
STATE OF KARNATAKA HULIYURDURGA POLICE, KUNIGAL TALUK, TUMKUR DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
... RESPONDENT (BY SRI K.NAGESHWARAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF Cr.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.231/2017 OF HULIYURDURGA P.S., TUMKURU DISTRICT FOR THE OFFENCE P/U/S 323, 504, 506 R/W 149 OF IPC AND SEC.3(1)(c), 3(1)(r), 3(1)(s), 3(2)(v-a) OF SC AND ST (PREVENTION OF ATROCITIES) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY THE COURT MADE THE FOLLOWING:
ORDER The case is based on the complaint dated 28.11.2017 and the incident is dated 07.08.2017. The complaint is lodged in Crime No.231/2017 by the respondent-Police Station for the offences punishable under Sections 323, 504, 506 and 149 of IPC and Sections 3(1)(c), 3(1)(r), 3(1)(s) and 3(2)(v-a) of SC/ST (POA) Act, 1989.
2. It is stated in the complaint that on 07.08.2017 at about 7.00 pm., when the complainant was going towards bus stand and when he came in front of the houses of Kanakaiah and Madaiah, at that time, the accused persons are stated to have used abusive language in the name of caste and abused in filthy language and assaulted him on his body, face and head.
3. Learned counsel for the petitioners would submit that the date of lodging the complaint is 28.11.2017 and the incident is dated 07.08.2017. Hence, there is a delay of 3½ months in lodging the complaint. In turn, learned High Court Government Pleader would submit that the petitioners had threatened the complainant. Thus, the complainant did not lodge the complaint with the fear of attack by the accused persons.
4. The learned Special Judge has rejected the application filed by the petitioners on 14.12.2017. The learned counsel for the petitioners would further submit that petitioners No.1, 3 and 5 are female and other petitioners are agriculturists and deserve the relief.
5. Learned High Court Government Pleader opposes the bail application.
6. There does not appear to he prima-facie attraction of SC/ST Prevention of Atrocities Act.
7. From the above facts and circumstances of the case, it appears to be just and proper to grant the relief of anticipatory bail to the petitioners.
8. Accordingly, petition is allowed. Petitioners are ordered to be released on bail in the event of their arrest in Crime No.231/2017 of the respondent-Police Station for the offences punishable under Sections 323, 504, 506 and 149 of IPC and Sections 3(1)(c), 3(1)(r), 3(1)(s) and 3(2)(v-a) of SC/ST (POA) Act, 1989, subject to the following conditions:
i) Petitioners-accused shall execute a personal bond for a sum of Rs.50,000/- each with one surety for the likesum;
ii) In case any criminal case is registered against the petitioners whether complaint being filed by the present complainant or others, the petitioners shall be divested from their rights of bail;
iii) Petitioners shall not terrorize the witnesses or tamper with the prosecution evidence;
iv) Petitioners shall not leave the Karnataka border without the permission of the committal Court.
Sd/-
JUDGE PB