IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.6043 OF 2019 BETWEEN:
1. SRI SHIVASHANKAR, S/O LATE SRINIVASA RAO, AGED ABOUT 45 YEARS.
2. SMT.PUSHPA, D/O LATE SRINIVASA RAO, AGED ABOUT 40 YEARS.
3. SRI VIJAY KUMAR, S/O LATE SRINIVASA RAO, AGED ABOUT 37 YEARS.
PETITIONERS NO.1 TO 3 ARE RESIDING AT NO.173, ANJANAPURA AND VILLAGE, NEAR GANESHA TEMPLE, OPPOSITE TO GOVERNMENT SCHOOL, BENGALURU – 560 062.
....PETITIONERS (BY SRI C.RAJANNA, ADVOCATE) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS P.P., HIGH COURT BUILDING, BENGALURU – 560 001.
2. SMT. PARVATHAMMA, W/O LATE SRINIVAS, AGED ABOUT 45 YEARS, NO.173, ANJANAPURA AND VILLAGE, NEAR GANESHA TEMPLE, OPPOSITE TO GOVERNMENT SCHOOL, BENGALURU – 560 062. ….RESPONDENTS (BY SRI HONNAPPA, HCGP FOR R1;
R2 - served) 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 P.C.R.NO.47/2018 (SPL.C.C.NO.145/2019) PENDING ON THE FILE OF LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3(1) (r), 3(1)(s) AND 3(1)(w)(ii) OF SC/ST (POA) ACT AND SECTION 504 R/W 34 OF IPC.
THIS CRIMINAL 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 No.1-State. Perused the records.
2. Petitioners are arraigned as accused Nos.1 to 3 in Spl.C.C.No.145/2019 on the file of the 70th Additional City Civil and Sessions Judge and Special Judge, Bengaluru (CCH No.71). The Trial Court has taken cognizance on the basis of the private complaint lodged by the complainant and thereafter, issued warrant to the accused. On the basis of which, the petitioners have approached the Trial Court for grant of anticipatory bail, which came to be dismissed. Hence, the petitioners are before this Court.
3. The complaint averments discloses that there is a property dispute between the parties and there was a complaint filed before the Thalghattapura Police and infact, the parties have compromised the matter before the Police Station and thereafter, it is alleged that on 27.08.2018, accused No.1 abused the complainant and also assaulted her and attempted to outrage her modesty. However, the date and place of incident has not been mentioned and there are no eye-witnesses to the incident. The complaint averments are doubtful to attract the provisions of Section 3(vii)(viii)(ix)(x) of SC/ST (POA) Act and other alleged offences are not seriously punishable.
4. In the above stated facts and circumstances of the case, in my opinion, the petitioners have made out a ground for grant of anticipatory bail. Hence, the following order:
ORDER The Petition is allowed. Consequently, petitioners shall be released on bail, in the event of their arrest, in connection with Spl.C.C.No.145/2019, on the file of LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru for the alleged offences, subject to the following conditions:
i) The petitioners shall surrender themselves before the Jurisdictional Court within Ten days from the date of receipt of a certified copy of this order and they shall execute their personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety for the like-sum to the satisfaction of the concerned Jurisdictional Court.
ii) The petitioners shall not indulge in hampering the investigation or 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 of the Court till the case registered against them is disposed of.
Ordered accordingly.
Sd/-
JUDGE DH