IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO. 4080 OF 2019 CONNECTED WITH CRIMINAL PETITION NO. 4276 OF 2019 IN CRL.P. NO.4080/2019 BETWEEN:
1. SRI DORAI S/O CHINNAIAH ACHARI AGED ABOUT 53 YEARS R/AT NO.63, A. P. NIWAS 1ST MAIN, VIVEKANANDA STREET UDAYANAGARA, K.R. PURAM BENGALURU – 560 016.
2. SRI AJITH KUMAR D S/O DORAI C AGED ABOUT 20 YEARS R/AT NO.63, A. P. NIWAS 1ST MAIN, VIVEKANANDA STREET UDAYANAGARA, K.R. PURAM BENGALURU – 560016.
... PETITIONERS (BY SRI SANTHOSH S, ADVOCATE) AND 1. STATE OF KARNATAKA BY MAHADEVAPURA POLICE STATION MAHADEVAPURA BENGALURU – 560 016 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BENGALURU – 560 001.
2. SMT. DEVI W/O SUBRAMANI AGED ABOUT 50 YEARS R/AT NO.64, VIVEKANAND STREET UDAYANAGAR BANGALORE – 560 016.
... RESPONDENTS (BY SRI K. P. YOGANNA, HCGP FOR RESPONDENT) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 1/2019 (SPL. C.C.NO. 420/2019) OF MAHADEVAPURA POLICE STATION, BANGALORE FOR THE OFFENCE P/U/S 504, 506, 306 R/W 34, 37, 109 OF IPC AND SEC. 3(1)(r)(s), 3(2)(va) OF SC/ST (POA) ACT.
IN CRL.P. NO.4276/2019 BETWEEN:
1. T SHIVANESAN @ KUMAR S/O THANGARAJ AGED ABOUT 50 YEARS R/AT # 345, 4TH CROSS VIVEKANANDA STREET UDAYANAGARA, K R PURAM BENGALURU – 560 016.
2. MANASEGOWDA S/O B VENKATAPPA AGED ABOUT 62 YEARS R/AT # 59, I MAIN VIVEKANANDA STREET UDAYANAGARA, K.R. PURAM BENGALURU – 560 016.
3. SMT. TULASI W/O KRISHNA AGED ABOUT 35 YEARS R/AT NEAR MADONA SCHOOL 9TH CROSS, UDAYANAGARA K R PURAM BENGALURU – 560 016 (ALL ARE IN JUDICIAL CUSTODY) ... PETITIONERS (BY SRI B V MANJUNATH GOWDA, ADVOCATE) AND 1. STATE OF KARNATAKA BY MAHADEVAPURA POLICE STATION BENGALURU – 560 048 REP. BY GOVERNMENT PLEADER HIGH COURT OF KARNATAKA BENGALURU – 560 001.
2. SMT. DEVI W/O SUBRAMANI R/AT NO.64, VIVEKANAND STREET UDAYANAGAR BANGALORE – 560 016.
... RESPONDENTS (BY SRI K. P. YOGANNA, HCGP FOR RESPONDENT) THIS CRL.P IS FILED U/S.439 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CR. NO. 1/2019 (SPL. C.C.NO. 420/2019) OF MAHADEVAPURA POLICE STATION, BANGALORE CITY FOR THE OFFENCE P/U/S 504, 506, 306 R/W 34, 37 AND 109 OF IPC AND SEC. 3(1)(r)(s), 3(2)(va) OF SC/ST (POA) ACT.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard the learned counsel for the petitioners. Learned HCGP submits that notice issued to respondent no.2 – complainant is duly served but there is no representation.
2. In Crl.P.No.4080/2019, the petitioners are arraigned as Accused Nos.4 and 5. In Crl.P.No.4276/2019, petitioners are arraigned as Accused Nos.8, 9 and 10 respectively, in connection with Crime No.1/2019 of Mahadevapura Police station and Spl.C.No.420/2019 on the file of LXX Additional City Civil and Sessions Judge and Special Judge, Bangalore for the offence punishable under Sections 504, 506, 306, read with 34, 37 and 109 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.
3. Brief facts of the case are that the complainant was residing with her daughter by name Ms.Dharani, who was a practicing advocate. They belong to Adi Dravida caste which comes under Scheduled Caste. It is alleged that complainant’s neighbor including the petitioners used to quarrel with her daughter by using filthy language with an intention to grab her property. In this context, it appears both the persons were fighting against each other. It is alleged that, two complaints were registered against accused persons previously, in Crime Nos.441/2018 and 442/2018. Earlier in this backdrop it is alleged that on 31.12.2018, the accused persons picked up quarrel with the deceased-Dharani and her mother and abused them in filthy language. Due to intolerable torture given by the accused persons, Ms.Dharani committed suicide by hanging herself inside the house. On the basis of these allegations, police have investigated the matter and filed charge-sheet.
4. As the deceased-Dharani belong to scheduled caste, offence punishable under Section 3 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act has been invoked so also Sections 504, 506 and 306 read with Sections 34, 37 and 109 of IPC also have been invoked.
5. On perusal of the charge-sheet papers, it is seen that, common allegations are made against all the accused and especially against accused Nos. 4, 6, 9, 10 and 11 and also against these petitioners. The other petitioners particularly, Accused No.7 has already been released on bail by this Court in Crl.P.No.3907/2019 vide order dated 19.08.2019. Further. Accused No.6 has also been released by this Court in Crl.P.No.2891/2019 vide order dated 03.06.2019.
6. Looking to the allegations made against the accused, at this stage, the intention of the accused persons cannot be gathered that they have abused the deceased with such an intention to drive her to commit suicide. The said intention has to be gathered during the course of full fledged trial. Further, the offences are not punishable either with death or imprisonment for life. The petitions particularly under Section 439 discloses that the petitioners have been referred to judicial custody as they are no more required for further investigation. The charge sheet has already been filed in the case. Under the above said circumstances, these petitioners are also entitled to be enlarged on bail on the same conditions. Hence, the following;
ORDER The Petitions are allowed. Consequently, the petitioners-accused Nos.4, 5, 8, 9 and 10 shall be released on bail in connection with Spl. C. No.420/2019 on the file of LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, registered for the offences punishable under Sections 504, 506, 306 read with Sections 34, 37 and 109 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v)(a) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 subject to the following conditions:
(i) The petitioners shall execute their personal bond for a sum of Rs.1,00,000/- (One Lakh Rupees only) each, with one surety for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the 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 are disposed of.
DKB Sd/- JUDGE