IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.6866 OF 2018 BETWEEN:
1. SRI RAMALINGAPPA S/O NAGANNA AGED ABOUT 48 YEARS SITTING GRAMAPANCHAYATH MEMBER, ‘S’ NERALEKERE PANCHAYATH S/O NAGARAGERE VILLAGE HOSADURGA TALUK 577 527 CHITRADURGA DISTRICT.
2. OMKARAPPA S/O RANGAPPA AGED ABOUT 41 YEARS VICE PRESIDENT ‘S’ NERALAKERE PANCHAYATH R/O NERALAKERE VILLAGE HOSADURGA TALUK- 577 527 CHITRADURGA DISTRICT.
3. DEVARAJAPPA S/O BASAVARAJAPPA AGED ABOUT 46 YEARS AGRICULTURIST R/AT NAYIGERE VILLAGE HOSADURGA TALUK 577527 CHITRADURGA DISTRICT. ...PETITIONERS (BY SRI MALLEGOWDA H.P. ADV.) AND 1. STATE BY SRIRAMPURA POLICE SRIRAMPURA CHITRADURGA DISTRICT 577 542.
2. MRS.MANJULA W/O CHANDRASHEKAR AGED 28 YEARS ARENAHALLI VILLAGE HOSADURGA TALUK CHITRADURGA DISTRICT 577542 (VIDE COURT ORDER DATED 11.12.2018 PETITIONER IS PERMITTED TO INCLUDE NAME OF THE COMPLAINANT AS RESPONDENT NO.2) ...RESPONDENTS (BY SRI K.P. YOGANNA 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 CR.NO.195/2018 OF SRIRAMPURA POLICE STATION, CHITRADURGA FOR THE OFFENCES P/U/S 354, 504, READ WITH SECTION 34 AND SECTION 3(1) (m), 3 (1) ( r) (s), 3 (1) (w) (i), 3 (2) (va) OF SC/ST (PA) ACT 1989.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Srirampura Police of Hosadurga Taluk, Chitradurga District have charge sheeted the petitioners in Crime No.195/2018 of their Police Station for the offences punishable under Sections 504, 506, 354 read with Section 34 of I.P.C., and Section 3(1) (m); Sections 3(1) (r) (s), w(i) (M), 3(2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance 2014, on the basis of the complaint of C.W.1 Manjula.
2. At the relevant time C.W.1 was Adhyaksha of Neralekere Grama Panchayath and accused No.2 is Upadhyaksha. Accused Nos.1, 3 and C.Ws.2 to 4 were members of Neralekere Grama Panchayath of Hosadurga Taluk. C.W.1 and 2 belonged to Scheduled caste/Tribe.
3. It is alleged that on 02.08.2018 at 12.00 noon in the office of the Neralekere Grama Panchayath when the Panchayath meeting was going on, the accused abused C.W.1 in foul language with reference to her caste and assaulted her. It is further alleged that when C.W.2 came to her rescue they abused him also in foul language with reference to his caste and criminally intimidated C.Ws. 1 & 2.
4. Learned counsel for the petitioners submits that petitioners 1 and 2 filed writ petitions in W.P.Nos.3486/2018 and 24348/2018 against C.W.1 alleging mis-appropriation of Grama Panchayath funds and to wreck vengeance they are falsely implicated in the said case.
5. The incident has allegedly occurred on 02.08.2018. The complaint is filed on 06.08.2018. The FIR is delivered to the Court on 06.08.2018 at 10.20 p.m. Thus, there is delay in filing the complaint.
Though it is alleged that, accused assaulted C.W.1, she is not subjected to any medical examination. The statements of alleged eye-witnesses were recorded on 07.08.2018 and 09.08.2018.
6. The bar of Section 18A operates, if there is prima facie case of alleged offence. Having regard to the aforesaid facts and circumstances and delay in filing the complaint, at this stage, prima facie the case lacks credence. The investigation is already completed. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, petition is allowed.
The petitioners are granted anticipatory bail in Crime No.195/2018 of Srirampura Police Station, Hosadurga Taluk, Chitradurga District, subject to the following conditions:
1. Petitioners shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. They shall execute personal bonds in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer/Court for their appearance;
3. They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. They shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE HR