IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4940 OF 2019 BETWEEN :
1. SRI. SHASHIKUMAR, S/O. ANJINAPPA, AGED ABOUT 38 YEARS, R/AT #666, 1ST CROSS, VIVEKANANDA STREET, UDAYNAGARA, BENGALURU-560 016.
2. SRI. P. ANJINAPPA, S/O. LATE PAPAIAH, AGED ABOUT 72 YEARS, R/AT #666, 1ST CROSS, VIVEKANANDA STREET, UDAYNAGARA, BENGALURU-560 016.
... PETITIONERS (BY SRI: NANJA REDDY P.N., ADV.,) AND :
1. THE STATE BY MAHADEVAPURA POLICE STATION, BENGALURU-560 037.
REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560 001.
2. SMT. DEVI, W/O. SUBRAMANI, AGED ABOUT 50 YEARS, NO.64, VIVEKANANDA STREET, UDAYA NAGAR, BENGALURU-560 016.
(AMENDED AS PER V.C.O. DATED 26.09.2019) ... RESPONDENTS (BY SRI: HONNAPPA, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR. P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR. NO.1/2019 OF MAHADEVAPURA POLICE STATION, BENGALURU CITY FOR THE OFFENCE P/U/S 504,506,306,109 R/W SEC 34 AND 37 OF IPC AND SEC.
3(1)(r), 3(1)(S). 3(2)(VA) OF SC/ST (PREVENTION OF ATROCITIES) ACT 1989 ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and learned HCGP for the respondent-State. Perused the records. The learned HCGP submits that notice issued to respondent No.2 has been served. The respondent No.2 remained absent.
2. Petitioners are arraigned as accused Nos.1 and 3 in Cr.No.1/2019 of Mahadevapura Police Station for the offences punishable under Sections 504, 506, 306, 109 read with 34, 37 and 109 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. Later after filing of the charge sheet, a Special Case No.420/2019 came to be registered on the file of LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru 3. Brief facts of the case are that the complainant was residing with her daughter by name Ms. Dharani, who was a practicing advocate. They belongs to Adi Dravida caste which comes under Scheduled Caste. It is alleged that complainant’s neighbor including the petitioners used to quarrel with her daughter by using filthy language with an intention to grab her property. In this context, it appears both the persons were fighting against each other. It is alleged that, two complaints were registered against accused persons previously, in Crime Nos.441/2018 and 442/2018. Earlier in this backdrop it is alleged that on 31.12.2018, the accused persons picked up quarrel with the deceased-Dharani and her mother and abused them in filthy language. Due to intolerable torture given by the accused persons, Ms.Dharani committed suicide by hanging herself inside the house. On the basis of these allegations, police have investigated the matter and filed charge-sheet.
4. As the deceased-Dharani belongs to scheduled caste, offence punishable under Section 3 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act has been invoked so also Sections 504, 506 and 306 read with Sections 34, 37 and 109 of IPC also have been invoked.
5. On perusal of the charge-sheet, it is seen that, common allegations are made against accused persons and also against these petitioners. Accused No.6 has already been released on bail in Crl.P.
No.2891/2019 and accused No.7 has also released on bail in Crl.P. No.3907/2019.
6. The petitioners were also arrested in connection with this case on 01.01.2019 and since then they have been in judicial custody. As charge sheet has already been filed and the offence under Section 306 of IPC has to be established during the course of trial with reference to the intention of the accused persons as to whether the petitioners have actually intended and made the deceased to commit suicide or not. Therefore as the offence is not punishable either with death or imprisonment for life, the petitioners are entitled to be enlarged on bail on the ground of parity. Hence, the following;
ORDER The Petition is allowed. Consequently, the petitioners-accused Nos.1 and 3 shall be released on bail in connection with Spl.C. No.420/2019 on the file of LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, registered for the offence punishable under Sections 504, 506, 306 read with Sections 34, 37 and 109 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 subject to the following conditions:
(i) The petitioners shall execute their personal bond for a sum of Rs.1,00,000/- (One Lakh Rupees only) with one surety each for the like-sum to the satisfaction of the jurisdictional court.
(ii) The petitioners shall not indulge in tampering the prosecution witnesses.
(iii) The petitioners shall appear before the jurisdictional court on all the future hearing dates unless exempted by the court for any genuine cause.
(iv) The petitioners shall not leave the jurisdiction of the trial Court without prior permission till the case registered against them is disposed of.
Sd/- JUDGE Snc