IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K. N. PHANEENDRA CRIMINAL PETITION No.2522/2019 BETWEEN:
Sri Naveen H.P., S/o Prakash, Aged about 31 years, R/of Haridasanahalli, Neeragunda Post, Turuvekere, Tumkuru District – 577 212. ... Petitioner (By Sri M.B. Ryakha, Advocate) AND:
1. The State of Karnataka, Turuvekere Police Station, Turuvekere, Tumkur District – 577 212. Represented by SPP, High Court of Karnataka, Bangalore – 560 001.
2. Rudranarasimha, S/o Dodda Thimmaiah, Aged about 30 years, R/of Banasandra Village, Kasaba Hobli, Tumkur Taluk and District ... Respondents (By Sri K.P. Yoganna, HCGP) This Criminal Petition is filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on bail in the event of his arrest in Crime No.231/2018 (Spl.C. No.438/2018) of Turuvekere P.S., Tumkuru District for the offences p/u/s 323, 324, 504 r/w 149 of IPC and Section 3(1) (c), 3(1) (r), 3(1) (s), 3(2) (v-a) of SC/ST (POA) Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Heard the learned counsel for the petitioner, learned HCGP for the respondent-State and perused the records.
2. The petitioner is arraigned as accused no.5 in Crime No.231/2018 on the file of Turuvekere Police Station for the offences punishable under Sections 323, 504 r/w 149 of IPC and Section 3 (1) (c), 3 (1) (r), 3 (1) (s), 3 (2) (v-a) of SC/ST (Prevention of Atrocities) Act, 1989, now pending on the file of III Additional District and Sessions Judge, Tumakuru in Spl. Case No.438/2018.
3. The gist of the case is that there was a temple called Bhoothappaswamy Temple situated at Haridasanahalli in Turuvekere Taluk. The people of the surrounding villages used to gather there at the time of Jathra function. That on 01.09.2018, more than three thousand people of surrounding villages had gathered near the temple for the purpose of participation in Jathra function and dinner was also arranged on that night. On that day, the complainant along with his friends came near the temple around 10.00 p.m., to have dinner and at that time, the accused persons who were present there started abusing the complainant by taking his caste name and also assaulted him by hands, and spatula and bucket. On these allegations, the police have registered a case and investigated the matter and filed the charge sheet. Accused nos.1 to 3 have already approached this court in Crl.P No.7228/2018 and vide order dated 04.02.2019 this court enlarged the said accused persons on anticipatory bail. There are no specific and distinct or separate allegations have been made against this petitioner, compared to other accused persons who are already released on bail. Therefore, under the said circumstances, the petitioner is entitled to be enlarged on bail even on the ground of parity on same conditions. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.231/2018 on the file of Turuvekere P.S. for the offences punishable under Sections 323, 504 r/w 149 of IPC and Section 3 (1) (c), 3 (1) (r), 3 (1) (s), 3 (2) (v-a) of SC/ST (Prevention of Atrocities) Act, 1989 now pending on the file of III Additional District and Sessions Judge, Tumakuru in Spl. Case No.438/2018 subject to the following conditions:-
(i) The petitioner shall execute a personal bond for a sum of Rs.2,00,000/- [Rupees Two Lakhs only] with two sureties for the like-sum to the satisfaction of the Investigating Officer.
(ii) The petitioner shall surrender before the Investigating Officer within 15 days from today.
(iii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses directly or indirectly.
(iv) The petitioner shall mark his attendance in the jurisdictional police station once in 15 days between 10.00 a.m. and 5.00 p.m. till the trial is concluded.
(v) The petitioner shall not leave the jurisdiction of police station without prior permission of the court.
Np/-
Sd/- JUDGE