IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8308/2019 BETWEEN 1. SRI. DARSHAN K.R S/O SRI. RAMACHANDRA AGED ABOUT 25 YEARS RESIDING AT NO.28 NEAR GARDEN CITY COLLEGE KITHAGANOOR, K.R. PURAM BENGALURU NORTH BENGALURU – 560 036 2. SRI. B.K. MOHANKUMAR S/O SRI. B.M. KRISHNAIAH AGED ABOUT 38 YEARS RESIDING AT NO.3, BILISHIVALE BENGALURU – 562 149 3. SMT. JANAKI, W/O SRI. RAMACHANDRA AGED ABOUT 45 EYARS 4. SMT. BHARGAVI, S/O SRI. RAMACHANDRA AGED ABOUT 29 YEARS PETITIONERS NO.3 AND 4 ARE R/AT NO.28, NEAR GARDEN CITY COLLEGE KITHAGANOOR, K.R. PURAM, BENGALURU NORTH, BENGALURU – 560 036 ... PETITIONERS (BY SRI. RAJANNA C., ADVOCATE) AND 1. STATE OF KARNATAKA BY K.R. PURAM POLICE STATION BENGALURU CITY REP. BY ITS PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU 560 001 2. SRI. SHIVARANJAN H. ADVOCATE, S/O HANUMANTHAPPA AGED ABOUT 42 YEARS RESIDING AT 5TH CROSS, VINAYAKANAGAR, HOSAKOTE BENGALURU RURAL DISTRICT PIN: 562 124 (BY SRI. HONNAPPA, HCGP FOR R1 … RESPONDENTS SRI. T. SHIVAPPA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.155/2019 REGISTERED BY K.R. PURAM POLICE STATION, BENGALURU FOR THE OFFENCE P/U/SS. 323, 504, 506 R/W SEC.34 OF IPC AND SEC.3(1)(R), 3(1)(S) of SC/ST (POA) ACT 1989.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent –State. Perused the records.
2. The petitioners- 1 to 4 are arraigned as Accused Nos. 2 to 5 in Crime No. 155/2019 of K.R. Puram Police Station, Bengaluru City, for the offence punishable under Sections 323, 504, 506 r/w. 34 of IPC and Sections 3(1)(r) & 3(1)(s) of SC/ST (POA) Act. After investigation in the said case, the police have filed the charge sheet in Special C.C.No.1134/2019, which is now pending before the Court of LXX Addl. City Civil and Sessions Judge, Bengaluru City (CCH.71).
3. The facts of the case reveal that, a complaint has been lodged by the complainant making allegations that, there were some financial transactions between himself and Accused No.1 –Ramachandrappa with reference to purchase of some land. In that context, it is alleged that Accused No.1 was due in a sum of Rs.16,00,000/- (Rupees Sixteen Lakhs) to the complainant. Further, it is alleged that, on 20.03.2019, when the complainant went to the house of Accused No.1 to ask the money due to him, the wife of Accused No.1 was present in the house and when he enquired her about Accused No.1, she told that Accused No.1 was not present at house. Therefore, he was waiting for Accused No.1 at the end of the road, where the house of Accused No.1 was situated. On noticing that Accused No.1 came at 9.30 pm. and went inside the house, he went to his house and requested for repayment of money. At that time, it is alleged that, petitioners 1 to 4 (A2 to A5), the family members of Accused No.1, started abusing the complainant referring to his caste. On the basis of the said allegations, the respondent-police have registered a case in Crime No. 155/2019, investigated the matter and filed the charge sheet.
4. On careful perusal of the entire materials on record, a doubt arises, whether the incident in question which was happened in public view would attract Section 3(1)(r) & (s) of SC/ST (POA) Act. The other alleged offences are bailable in nature.
5. In the above circumstances, the petitioners have made-out a case for grant of Anticipatory Bail. Hence, the following, -
ORDER The petition is allowed. Consequently, the petitioner Nos. 1 to 4 (A2 to A5) shall be released on bail in the event of their arrest in connection with Crime No.155/2019 of K.R Puram Police Station, registered for the aforesaid offences, which is now pending before the Court of LXX Additional City Civil and Sessions Judge, Bengaluru City, on 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 each of them shall execute their personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned jurisdictional Court.
ii) The petitioners shall not tamper the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against them is disposed of.
Sd/-
JUDGE KGR*