IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8594 OF 2018 BETWEEN:
1. SRI DILIP S/O JAGANNATHAPPA AGED ABOUT 30 YEARS AGRICULTURIST 2. SRI S.J.YOGESH @ BABU S/O JAGANNATHAPPA AGED ABOUT 34 YEARS AGRICULTURIST 3. SRI JAGANNATHAPPA S/O CHANNABASAPPA AGED ABOUT 63 YEARS AGRICULTURIST PETITIONER NO.1 TO 3 ARE R/O SUTTOKOTE VILLAGE HARMGATTA POST SHIVAMOGGA TALUK KARNATAKA – 575 101 ...PETITIONERS (BY SRI MAHESH S., ADV.) AND 1. THE STATE OF KARNATAKA BY SHIVAMOGGA RURAL POLICE STATION SHIVAMOGGA DISTRICT – 575 101 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 2. SRI GANESHA A.K. S/O KARIYAPPA AGED ABOUT 45 YEARS AGRICULTURIST R/O SUTTOKOTE VILLAGE HARMGATTA POST SHIVAMOGGA TALUK KARNATAKA – 575 101 ...RESPONDENTS (BY SRI K.P.YOGANNA, HCGP) 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.498/2018 OF SHIVAMOGGA RURAL POLICE STATION, SHIVAMOGGA FOR THE OFFENCE P/U/S 143, 147, 323, 431, 504 AND 506 R/W 149 OF IPC AND SEC. 3(1)(r), 3(1)(s), 3(2)(v-a) OF SC/ST PREVENTION OF ATROCITIES ACT, 1989.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are accused Nos. 4, 7 & 8 in Crime No.498/2018 of Shivamogga Rural Police Station. The said case is registered against the petitioners and six others for the offences punishable under Sections 143, 147, 323, 431, 504, 506 read with Section 149 Indian Penal Code and Under Section 3(1) (r), 3 (1) (s), 3 (2) (v- a) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the complaint of one Ganesha A.K.
2. It is alleged that on 22.09.2018 at 9.30 a.m. when complainant objected ninth accused constructing building across the public road, accused forming themselves into unlawful assembly assaulted him and abused him with reference to his caste.
3. Endorsement on the complaint itself shows that initially the case was registered in N.C.R. No.974/2018 on 22.09.2018 for the I.P.C. offences. After five days thereafter, the respondent Police registered case in Crime No.498/2018 including the offences punishable under Section Scheduled Caste and Scheduled Tribes Act.
4. The allegations of case based on discrimination, insult or annoyance are not made against any specific accused, they are general in nature. As per wound certificate, complainant had not suffered any external injury and he had only complained of neck pain.
5. The complainant claims that he is the husband of Grama Panchayath member. The main allegations are against accused Nos. 1 & 9. It is submitted that Sessions Court has already granted bail to them. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, the petition is allowed.
The petitioners are granted anticipatory bail in Crime No.498/2018 of Shivamogga Rural Police Station, subject to the following conditions:
1. Petitioners shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. They shall execute personal bonds in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for their appearance;
3. They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. They shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE HR