IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR JUSTICE K N PHANEENDRA CRIMINAL PETITION No.7270/2019 BETWEEN:
1. SRI MUNISWAMY @ MUNIRAJU M S/O MUNICHALUVAIAH AGED ABOUT 58 YEARS 2. SRI VASANTHA M W/O MUNISWAMY @ MUNIRAJU AGED ABOUT 54 YEARS BOTH ARE RESIDING AT NO.350, KANAKAPURA MAIN ROAD NEAR LIBRARY, THALAGHATAPURA BANGALORE – 560062.
3. SHIVAMMA @ SHIVARANJINI W/O SOMASHEKAR AGED ABOUT 27 YEARS R/AT NO.351, LIBRARY ROAD TALAGHATTAPURA KANAKAPURA MAIN ROAD BANGALORE – 560062.
(ACCUSED NO.2,3 & 4) ..PETITIONERS (BY SRI LAKSHMIKANTH K, ADV.) AND:
STATE OF KARNATAKA BY SHO,THALAGHATTAPURA P.S., BANGALORE RURAL DISTRICT BANGALORE REPTD. BY GOVT. PLEADER HIGH COURT BUILDING BANGALORE – 560 001. ..RESPONDENT (BY SRI HONNAPPA, HCGP) THIS PETITION IS FIELD UNDER SECTION 438 CRIMINAL PROCEDURE CODE PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.158/2019 OF THALAGHATTAPURA POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIOSN 376, 420, 506 OF IPC UNDER SECTION 3(1)(10) OF SC/ST (PREVENTION OF ATTROCITIES) ACT, 1989.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER1 Notice issued to the complainant is served as per the submission of the learned HCGP, however, the complainant remained absent.
2. Learned counsel for the petitioner has filed a memo seeking leave of the Court to withdraw petition insofar as petitioner Nos.1 and 2 are concerned who are arraigned as accused Nos.2 and 3.
3. Memo is placed on record. Heard the learned counsel appearing for the parties and perused the records.
4. Hence, petition is dismissed as not pressed insofar as petitioners 1 and 2 (Accused Nos.2 and 3) herein are concerned.
5. Learned counsel has brought to the notice of this Court that charge sheet has already been filed. Charge sheet discloses that victim girl belonged to Scheduled Caste and accused - Sanjay was alleged to have committed sexual intercourse with that girl forcibly. In this context, it is also alleged that on 19.07.2019 in the evening at about 7 pm the complainant and the victim along with family members went to the house of the accused in order to ask to perform the marriage of accused no.1 and the victim. It is alleged that all the accused persons have abused the complainant with dire consequences and also abused them in filthy language referring to their caste. There is no specification about the using of the said abusive words by the petitioner in presence of any public in order to attract Section 3(1)(10) of SC and ST (Prevention of Atrocities) Act, 1989 (for short SC & ST Act, 1989). At the time of filing of the charge sheet, the police have restricted the offence under Sections 323, 506 read with Section 3(1)(10) SC & ST Act, 1989 so far as present petitioner No.3 is concerned along with accused Nos.2 and 3. Under the above said circumstances, the other offences are bailable in nature as the attraction of Section 3(1)(10) is doubtful. In my opinion, petitioner No.3 at this stage is entitled to be enlarged on bail. Hence, the following:
ORDER Petition is dismissed as withdrawn insofar as petitioner Nos.1 and 2 are concerned.
Petition in allowed insofar as petitioner No.3 is concerned who is arraigned as accused No.4 in connection with Spl. Case No.395/2019 (arising out of Crime No.158/2019 of Thalagattapura Police Station) on the file of II Addl. District and Sessions Judge, Bengaluru Rural District for the alleged offences subject to the following conditions:
(1) Petitioner No.3 shall surrender herself before the jurisdictional Court within 10 days from the date of receipt of a copy of this order and execute bond for sum of Rs.50,000/- (Rupees fifty thousand only) with one surety for the likesum to the satisfaction of the jurisdictional Court.
(2) Petitioner No.3 shall not indulge in tampering the prosecution witnesses.
(3) Petitioner No.3 shall appear before the jurisdictional court on all future hearing dates unless exempted by the Court for any genuine reasons.
(4) Petitioner No.3 shall not leave the jurisdiction of the trial Court without prior permission of the Court till the case registered against her is disposed of.
Sd/-
JUDGE Brn