IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6960 OF 2019 BETWEEN:
1. SRI MALLAPPA S/O.NARAYANAPPA AGED ABOUT 50 YEARS 2. SRI SRIRAMA S/O.NARAYANAPPA AGED ABOUT 35 YEARS 3. SMT.SUJATHA W/O.SRIRAMA AGED ABOUT 30 YEARS 4. SRI HEMANTHA S/O.SRIRAMA AGED ABOUT 19 YEARS 5. SMT.ANITHA W/O.NAGARAJA AGED ABOUT 35 YEARS ALL ARE R/AT HANUMANTHAPURA VILLAGE, SUGATUR HOBLI KOLAR TALUK-563 130 …PETITIONERS (BY SRI M.R.NANJUNDA GOWDA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY KOLAR RURAL POLICE REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU-560 001 2. SMT.ERAMMA W/O.MUNIRAJU AGED ABOUT 45 YEARS R/AT HANUMANTHAPURA VILLAGE, SUGATUR HOBLI KOLAR TALUK-563 130 …RESPONDENTS (BY SRI ROHITH B.J., 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 CRIME NO.345/2019 OF KOLAR RURAL POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 323, 324, 327, 354, 448 AND 504 READ WITH SECTION 149 OF IPC AND SECTIONS 3(1)(r) AND 3(1)(s) OF SC AND ST (PREVENTION OF ATROCITIES) ACT, 1989 WHICH IS PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR.
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 petitioners and the learned HCGP for the respondent-State. The learned HCGP submits that notice issued to respondent No.2-the complainant has already been served. The complainant remained absent. Perused the records.
2. The brief facts are that on 06.09.2019, the complainant by name Eramma has lodged a complaint while she was taking treatment in the hospital making allegations that on 05.09.2019 in the evening at about 5.00 p.m. when she was in the house, accused No.1-Mallappa came there and asked her to bring an amount of Rs.3,000/- which was credited to her account. She told that she would get the amount on the next day as her husband is not in station. Inspite of that, accused No.1 again came back at 5.30 p.m., who abused her in a filthy language referring to her caste and dragged her from one side and another and torn her blouse and at that time, her son-Harish came and accused No.1 assaulted him with a club and thereafter, the other accused persons i.e. accused Nos.2 to 5 (petitioners herein) came to the spot and accused No.2 was holding a knife and he assaulted on the head and on other parts of the body of the complainant, accused No.1-Mallappa assaulted the complainant with iron rod. The other accused persons i.e.
accused Nos.3 to 5 have in fact formed into an unlawful assembly and caught hold the complainant etc.
3. Looking to the facts and circumstances of the case, there are serious allegations only against accused No.2- Srirama, who was holding a knife and assaulted the complainant and accused No.1 has also assaulted the complainant and abused her in a filthy language about her caste. Therefore, in my opinion, the petitioners who are arraigned as accused Nos.1 and 2 (petitioner Nos.1 and 2) are not entitled to be enlarged particularly on anticipatory bail. The other petitioners i.e. accused Nos.3 to 5 (petitioner Nos.3 to 5) whose role is very limited and no specific allegations are made, they are entitled to be enlarged on anticipatory bail. Hence, the following:
O R D E R The petition is dismissed so far as petitioner Nos.1 and 2 are concerned and the petition is allowed so far as petitioner Nos.3 to 5 are concerned. Consequently, petitioner Nos.3 to 5 shall be released on bail in the event of their arrest in connection with Crime No.345/2019 of Kolar Rural Police Station, Kolar subject to the following conditions:-
i) Petitioner Nos.3 to 5 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 each for the like-sum to the satisfaction of the concerned Investigating Officer;
ii) Petitioner Nos.3 to 5 shall not indulge in hampering the investigation or tampering the prosecution witnesses;
iii) Petitioner Nos.3 to 5 shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for;
iv) Petitioner Nos.3 to 5 shall not leave the jurisdiction of the concerned Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier;
v) Petitioner Nos.3 to 5 shall mark their attendance once in fifteen days i.e., on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer till the charge sheet is filed.
Sd/- JUDGE LB