IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 4747/2019 BETWEEN 1. SRI. NARAYANA REDDY AGED ABOUT 74 YEARS S/O. LATE SIDDAIAH 2. SRI. N. KUMAR AGED 43 YEARS S/O. NARAYANA REDDY 3. SRI. N. GAJENDRA AGED 40 YEARS S/O. NARAYANA REDDY ALL ARE RESIDING AT NO.266, 1ST MAIN 1ST CROSS, MUNNEKOLALU VILLAGE MARATHAHALLI POST BENGALURU – 560 037 ... PETITIONERS (BY SRI. S. G. MUNISWAMY GOWDA, ADVOCATE) AND 1. STATE OF KARNATAKA BY MARATHAHALLI POLICE STATION MARATHAHALLI BENGALURU – 560 037 REP.BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDINGS BENGALURU – 560 001 2. SMT. SALAMMA W/O. LATE SELVAM AGED 65 YEARS R/AT. NO.14, SY.NO.12 GANDHINAGAR MARATHAHALLI BENGALURU – 560 037 … RESPONDENTS (BY SRI. HONNAPPA, HCGP FOR R-1; R2- SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.183/2019 OF MARATHAHALLI POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/Ss. 409, 354, 468, 465, 406, 420, 506, 209 R/W SEC.34 OF IPC AND SEC.3(1) (ii), 3(v) AND 3(1)(x) OF SC/ST (POA) ACT 1989.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned HCGP for the Respondent–State. Perused the records.
2. Petitioners are arraigned as Accused Nos.1 to 3 in Crime No.183/2019 of Marathahalli Police Station, Bengaluru City, registered for the offences punishable under Sections 409, 354, 468, 34, 465, 406, 420, 506, 209 of IPC and Sections 3(1)(ii), 3(v) and 3(1)(x) of the SC/ST (POA) Act, 1989.
3. The brief facts of the case are that, the complainant-Smt. Salamma, w/o. late Selvam is residing at No. 14, Sy. No.12, Gandhinagar, Marathhalli, and she has been in possession and enjoyment of the said property and in respect of that property, an original suit was registered and the same was decreed in her favour on 30.09.2010. But, after lapse of several years, some Police People are litigating the decree and telling that one Rajendra from Ruling Party having right over the said property forcibly directing her to vacate the property forthwith. In that context, the complainant has lodged a complaint before the Assistant Commissioner of Police, HAL Police Station, Bengaluru, against these petitioners and others alleging that, in order to make her to vacate the house, they are giving illegal torture colluding with other accused persons.
4. On reading of the complaint averments, it discloses that, the allegations are made only against the police and there is not even a single sentence against these petitioners alleging unnecessary illegal torture and particularly it is not stated about the date, time and place of the incident of the alleged torture and particularly about the petitioners abusing the complainant in filthy language referring to her caste by using particular words or they have committed any act which is derogatory to the caste of the complainant in order to attract the provisions noticed therein. It is to be noted here that, though various provisions are invoked, in order to attract those provisions, there must be narration of some factual aspects. But, there is no mention of such factual aspects and such factual aspects are conspicuously absent in the complaint. Further, though it is alleged that the accused are strangers, who have interfered with the possession and enjoyment of the property by the complainant and also some strangers have threatened her with dire consequences etc., the main and most of the allegations are made against the police alleging that, though the complainant has made several complaints against some strange persons reporting their illegal acts, but the police have not taken any action against them. Therefore, looking to the above facts and circumstances, at this stage, it is very difficult to draw an inference that the allegations made in the complaint would constitute any offence against these petitioners. However, during the course of investigation, the police have to thoroughly investigate the matter and find-out whether the allegations made in the complaint are substantiated by any other materials.
5. In the above said facts and circumstances, the petitioners ( A1 to A3) are entitled to be enlarged on Anticipatory Bail, as prayed for. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioners (A1 to A3) shall be released on bail in the event of their arrest in connection with Crime No.183/2019 of Marathhalli Police Station, Bengaluru City, registered 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 they shall execute their respective personal bonds for a sum of Rs.50,000/- (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 or 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 of Bengaluru District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner Nos. 2 & 3 (A2 & A3) shall mark their attendance once in 15 days on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE KGR*