IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A. PATIL CRIMINAL PETITION NO. 1853/2019 BETWEEN:
1. Sri. Subramanya K.S. S/o K.S. Nagaraju Aged about 54 years, Principal, RV College of Engineering, Kengeri PS, Bengaluru – 560 0059.
2. Smt. Shobha G W/o V.M. Yadunandanan, Aged about 50 years, Professor, Computer Science Engineering Department, RV College of Engineering, Kengeri PS, Bengaluru – 560 059. ... Petitioners (By Sri. G.B. Sharthgowda, Advocate) AND:
State of Karnataka, By Kengeri Police Station, Rep. by State Public Prosecutor, High Court of Karnataka, Bengaluru-560 001. ... Respondent (By Smt. Namitha Mahesh B.G, 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.51/2019 registered by Kengeri Police Station, Bengaluru for the offence p/u/s 3(1)(r) and 3(1)(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 The present petition has been filed by petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C. praying this Court to release them on anticipatory bail in the event of their arrest in Crime No.51/2019 of Kengeri Police Station for the offence punishable under Section 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the SC/ST (POA) Act’).
2. I have heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent-State.
3. After hearing the learned counsel for the petitioners for some time, he submits that the petitioners/accused Nos.1 and 2 have challenged the initiation of the proceedings in Crime No.51/2019 before this Court by filing the Criminal Petition No.1627/2019, wherein the interim stay has been granted. When already this Court has granted an interim stay by staying the further proceedings of the investigation done, under such circumstances, I feel that there is no apprehension of the petitioners/accused Nos.1 and 2 being arrested in the said crime. In that light, the petition is disposed of with liberty to file a fresh petition, after disposal of the said Criminal Petition, by approaching this Court, if they are advised to do so.
Sd/- JUDGE PYR