IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6838 OF 2019 BETWEEN:
Shubha M C W/o Yogandhar Aged about 42 years R/o No.63, 31st Cross 7th Block Jayanagar Bengaluru-560 070 (By Sri Shankarappa, Advocate) AND:
1. State of Karnataka by Sub-Inspector of Police Jayaprakash Nagar Police Represented by SPP High Court of Karnataka Bengaluru – 560 001 2. Mohan S H S/o Shivappa Aged about 54 years R/at No.40, 1st main 2nd Cross, K.S.Colony Tyagarajanagar Bengaluru – 560 028 (By Sri Honnappa, HCGP for R1; R2 served and unrepresented) …Petitioner …Respondents This Criminal Petition is filed under Section 438 Cr.P.C., praying to enlarge the petitioner on bail in the event of her arrest in Cr.NO.145/2019 of Jayaprakash Nagar Station, Bengaluru for the offence punishable under Section 406, 420, 504, 506 read with 34 of IPC and Section 3(1)(r) and 3(1)(u) 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 petitioner and the learned HCGP for the respondent No.1-State. Perused the records. Notice issued to respondent No.2/complainant is duly served as per the submission of learned HCGP. The complainant remained absent. No representation.
2. The brief allegations made in the first information report is that the complainant Mr. Mohan is a Contractor and he has undertaken to construct the house of the petitioner and they entered into an agreement in this regard. 95% of the work was over, at that time, the petitioner and accused No.2 have actually raised their voice with regard to spending of amount more than the agreed amount and they refused to pay the amount, which was exceeded the agreement between them. In this context it is alleged that on 16.08.2019, the complainant and his wife had been to the house of the petitioner, at that time, the petitioner and her husband have abused them in filthy language referring to their caste and also threatened with dire consequence and also cheated them in not repaying the remaining amount of Rs.12,00,000/-, etc.
3. On careful perusal of the complaint, it is not stated that who are all the persons present at the time of the incident. It is specifically stated that on 16.08.2019 at 12.30 pm, the complainant and his wife went to petitioner’s house and asked for the money and that they abused specifically referring to the caste of the complainant. But whether it was taken place in the public is not available in the complaint averments. In the above facts and circumstances the transaction between the parties looks like a civil dispute. The attraction of the provisions under SC/ST Act is also doubtful on the basis of the complaint averments. In the above said circumstances, the petitioner has made out a case for grant of anticipatory bail. Hence the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of her arrest in connection with Crime No.145/2019 of Jayaprakash Nagar police station, Bengaluru for the alleged offences subject to the following conditions:-
i. The petitioner shall surrender herself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute her personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii. The petitioner shall not indulge in hampering in investigation or tampering the prosecution witnesses.
iii. The petitioner shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
iv. The petitioner shall not leave the jurisdiction of the trial Court without prior permission of the court till the case registered against her is disposed of.
Kmv/-
SD/- JUDGE