IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.6827/2018 BETWEEN:
Sri Sharath @ Sharath Kumar S/o Sri Siddaraju Aged about 22 years R/o Cholapura Village Kembalalu Post, Hebbur Hobli Tumkur Taluk & District-572 120.
(By Sri G.B. Nandeeshgowda, Advocate) AND:
State of Karnataka by Hebbur Police Station Represented by Public Prosecutor High Court of Karnataka Bengaluru-560 001.
(By Smt. Namitha Mahesh B.G., HCGP) … Petitioner … Respondent This Criminal Petition is filed under Section 438 of Cr.P.C praying to enlarge the petitioner on bail in the event of his arrest in Crime No.155/2018 of Hebbur Police Station, Tumakuru for the offences punishable under Sections 354A, 323, 506, 504 r/w Section 149 of Indian Penal Code and Sections 3(1) (r), 3(1)(s) , 3(1)(w)(i) of SC/ST (Prevention of Atrocities) Act.
This Criminal Petition coming on for Orders, this day the Court made the following:-
O R D E R The present petition has been filed by the petitioner/ accused No.3 under Section 438 of Cr.P.C. to release him on bail in Crime No.155/2018 of Hebbur police station for the offences punishable under Sections 354-A, 323, 506, 504 r/w 149 of IPC and Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) of SC/ST (Prevention of Atrocities) Act, 1989.
2. I have heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
3. The gist of the complaint is that on 5.8.2018 at about 4.30 p.m. the complainant, her younger sisters Bhagyamma and Kamalamma were doing work in their land, at that time accused persons all of a sudden entered the land and accused No.1 abused in filthy language and abused her by taking her caste name. Thereafter, first accused physically assaulted her and scolded stating that why you came for sowing the finger millet. At that time, her sisters came to her rescue. The other accused persons assaulted her sisters by holding their hair. The accused by name Sharath molested her sister Bhagyamma and torn her dress. Accused persons criminally intimidated them showing machete and stated that if they come to the land they will butcher them. On the basis of the complaint a case has been registered.
4. It is the submission of the learned counsel for the petitioner that there is no prima facie allegation as against the petitioner/accused. He has not abused the complainant by taking the name of the caste. The only allegation made against accused No.3 is that he has molested her sister Bhagyamma. The alleged offence is not punishable with death or imprisonment for life. He further submitted that when the civil dispute was pending, the alleged complaint has been registered. He is ready to abide by the conditions imposed by this Court and ready to offer the sureties. On these grounds he prayed to allow the petition and to release the petitioner on anticipatory bail.
5. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the statement of the victim and Bhagyamma has been recorded under Section 164 of Cr.P.C. and therein the said Bhagyamma has specifically deposed that she has been molested. When the accused has appeared before the Investigating Officer, he has undertaken in NCR No.194/2018 dated 18.5.2018 that he will not involve in such criminal activities and now again the second incident has taken place. Under the similar facts and circumstances if the petitioner/accused is released on bail he may indulge in similar type of criminal activities, he may tamper with the prosecution evidence and he may not be available for the trial. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the contents of the complaint and the submissions made by the learned counsel appearing for the parties and perused the records.
7. As could be seen from the contents of the complaint and other materials there is nothing to suggest that the said allegations attract the provisions of Scheduled Castes and Scheduled Tribes Act. Under the said facts and circumstances this Court can exercise the power under Section 438 of Cr.P.C. and release the petitioner on bail. As could be seen from the contents of the complaint the only allegation made against accused No.3 is that he has molested the sister of the complainant-Bhagyamma and torn her dress. The alleged offence is not punishable with death or imprisonment for life. It is contended by the learned High Court Government Pleader that he has undertaken in NCR No.194/2018 dated 18.5.2018 that he will not involve in similar type of criminal activities. Now by imposing some stringent conditions the said things can also be protected in this behalf.
8. In the light of the discussions held by me above, the petition is allowed and petitioner/accused No.3 is ordered to be released on anticipatory bail in the event of his arrest in Crime No.155/2018 of Hebbur Police Station, for the offences punishable under Sections 354- A, 323, 506, 504 r/w 149 of IPC and Sections 3(1)(r), 3(1)(s), 3(1)(w)(i) of SC/ST (Prevention of Atrocities) Act, 1989, subject to the following conditions:
i) Petitioner shall execute a personal bond for Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties for the likesum to the satisfaction of the Investigating Officer.
ii) He shall surrender before the Investigating Officer, within 15 days from today, failing which this order shall stand automatically cancelled.
iii) He shall not tamper with the prosecution evidence directly or indirectly.
iv) He shall co-operate with the investigation v) He shall not indulge in similar type of criminal activities. If he again involves, then the bail is going to be cancelled.
vi) He shall not leave the jurisdiction of the trial Court without prior permission of the Court.
vii) He shall be regular in attending the Court on all dates of hearing.
Sd/- JUDGE *AP/-