IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.1324/2019 BETWEEN:
1. Sri.N.T.Venkatappa S/o Chikkathimarayappa, Aged about 60 years, R/o No.125, Nagodanahalli Village, Bangalore East Taluk, Bangalore-560067.
2. Sri. Ramaiah S/o Muniswamy, R/a No.2, Halasahalli Village, Sarajapur Circle, Thippasandra Hobli, Bangalore-560087. ……Petitioners (By Sri.Sagar B.B., Advocate) AND:
1. The State of Karnataka, By Whitefield Police Station, Bengaluru.
Rep. by SPP, High Court Building, Bengaluru-560001.
2. Smt. Adilakshmi W/o Gangadhara G, Aged about 49 years, R/at No.1068, Near Shanimahathma Temple, Varthur, Bengaluru-560087. ….Respondents (By Sri.Rohith B.J., HCGP for R1; R2 is served) 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.504/2018 of Whitefield police station, Bengaluru city for the offence punishable under Sections 506, 504, 447, 323, 354 read with 34 of IPC and Section 3(1)(r)(s) of SC/ST (POA) Act, 1989.
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. Perused the records.
2. The petitioners are arraigned as accused Nos.1 and 2 respectively in Cr.No.504/2018 of Whitefield police station, Bengaluru city for the offence punishable under Sections 506, 504, 447, 323, 354 read with 34 of IPC and Section 3(1)(r)(s) of SC/ST (POA) Act.
3. The allegations against the petitioners are that the petitioners knew that the complainant by name Smt.Adilakshmi belonged to schedule caste by community and she was constructing the house in her property bearing Sy.No.1/2 of Nagondanahalli Village. In this context, it is alleged that on 29.10.2018 at about 2.00 p.m. both the petitioners were came to the spot and abused her in filthy language like “Soole Munde & Holeya Munde” and dragged her from one place to another and attempted to outrage her modesty. Therefore, a complaint was lodged against the petitioners.
4. On careful perusal of the complaint averments, though there are allegations against the petitioners that both of them assaulted and abused the complainant in filthy language with reference to her caste but nowhere in the complaint a single line nor single word is spared in explaining the context under which the alleged incident occurred. Further, there is no explanation with regard to the delay in lodging the complaint. As such, at this stage, it is difficult to draw an inference on the commission of the offence punishable under SC/ST (POA) Act and other offences alleged against the petitioners are not seriously punishable. Therefore, in my opinion, the petitioners are entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioners (accused Nos.1 and 2) shall be released on bail in the event of their arrest in connection with Cr.No.504/2018 of Whitefield police station, Bengaluru for the alleged offences subject to 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 shall execute their personal bonds for a sum of Rs.50,000/- each (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation and tampering the prosecution witnesses.
iii) The petitioners 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) The petitioners shall not leave the jurisdiction without prior permission of the I.O., till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in fifteen days i.e., on any Sunday between 10.00 am and 5.00 p.m., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE JS/-