IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7075/2017 Between:
Sri Shivappa S/o Late P. Srinivas Age 48 years Residing at Mamballi village Yelandur Taluk Chamarajanagara District- 571 441. (By Sri Manjesh H.M., Advocate) And State by Mamballi Police Station Chamarajanagara District-571 441. Represented by SPP, High Court of Karnataka, Bengaluru- 560 001.
(By Sri S.Vishwamurthy, 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 Cr.No.34/2017 of Mamballi Police Station, Chamarajanagara District for the offence p/u/s 504, 324 and 506 of IPC and sections 3(1)(r)(s) of SC/ST (POA) Act.
This Criminal Petition coming on for Orders this day, the Court made the following:
O R D E R Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent-State.
2. The petitioner apprehends his arrest by the respondent-police in their Crime No.34/2017 registered by the respondent-police in respect of offences punishable under sections 504, 324, 506 of IPC and section 3(1) (r) (s) of SC/ST (POA) Act.
3. The allegation of the prosecution is, on 26.07.2016 during the day time, the petitioner abused the complainant filthily alleging that she has encroached his site for construction of her building and threatened her to burn alive and assaulted on her face with a brick and he also insulted her saying that she is from lower caste.
4. Sri H.M. Manjesh, learned counsel for the petitioner submits that the petitioner belongs to Nayaka caste which comes under ST community. There is delay of one day on lodging the complaint and no valid reason is shown for the delay. The complainant is the Chairmen of the Village Grama panchayath. It was she who damaged the compound wall of the petitioner by illegally trespassing on land for putting up her construction and when he questioned, she has filed this false complaint to build up a case against him.
5. In the light of the above, bar under section18 of the SC/ST Act is hindrance for the petitioner to seek for anticipatory bail. Since, the weapon allegedly used for the offence being a brick, there is no impediment to allow the petition.
The petition is allowed. Petitioner is granted anticipatory bail in Crime No.34/2017 registered by the respondent-Police.
In the event of his arrest, he shall be released on bail on executing his self bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the concerned Court.
He shall co-operate with the Investigating Officer, during the further course of investigation and shall not threaten the complainant or prosecution witnesses.
Sd/- JUDGE DL