IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE B.A.PATIL CRIMINAL PETITION No.1814/2019 BETWEEN:
1. Sri Suresh B.S., S/o Shanthaiah Aged about 57 years.
2. Sri Umesh B.S., S/o Shanthaiah Aged about 54 years.
Both are residing at Bellaralli Village Kodlipet Hobli, Somwarpet Taluk, Kodagu District-573 112.
(By Sri K.Prasanna Shetty, Advocate) AND:
…Petitioners 1. State by Shanivarasanthe Police Represented by Special Public Prosecutor High Court of Karnataka Bengaluru-560 001.
2. Sri M.S.Veerendra S/o Siddalingaiah Aged about 33 years R/at Madre Village, Shanivarasanthe, Kodlipet Hobli, Somwarpet Taluk Kodagu District-573 112.
(By Sri M.Divakar Maddur, HCGP for R1; R2 is served & unrepresented) …Respondents 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 Crime No.207/2017 registered by Shanivarasanthe Police Station, Madikeri, Kodagu, for the offence punishable under Section 3(1)(r) of SC/ST (POA) Act and Sections 506 and 504 r/w. Section 34 of Indian Penal Code.
This Criminal Petition coming on for Orders this day, the Court made the following:-
O R D E R This petition is taken out of turn at the request of the learned counsel for the petitioner for the reason that there is marriage of the son of petitioner/accused No.1.
2. The present petition has been filed by the petitioners/accused Nos.1 and 2 under Section 438 of Cr.P.C. to release them on anticipatory bail in Special Case No.7/2019 pending on the file of I Additional District and Sessions Judge and Special Judge, Kodagu, Madikeri, (Crime No.207/2017) of Shanivarasanthe Police Station, Madikeri, for the offences punishable under Sections 506 and 504 r/w 34 of Indian Pensal Code and under Sections 3(1)(r) and 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
3. I have heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondent-State.
Though complainant served through police, he remained absent.
4. The gist of the complaint is that on 23.9.2017 at about 7.20 p.m. when the complainant had been to pani puri shop near bus stand and after having pani puri they were coming back, the petitioners/accused Nos.1 and 2 came in two auto rickshaws and alleged that the complainant and another person could not doing anything to them and asked them to do whatever they wanted and threatened to commit their murder within the public view with an intention to humiliating them as they belonged to Schedule Caste persons. On the basis of the complaint a case has been registered.
5. It is the submission of the learned counsel for the petitioners that the petitioners/accused are innocent and all these cases have been registered against the petitioners/accused. The complaint itself does not disclose any of the offences under Atrocities Act. The offences alleged are not punishable with death or imprisonment for life. They are ready to abide by the conditions imposed by this Court and ready to offer the sureties. He further submitted that already ‘B’ report has been filed by the police and only on the basis of the notice issued by Court, the complainant has appeared and summons has been issued and as the summons has not been served, the Court has issued Non-Bailable Warrant and as such they apprehend arrest at the hands of the police. On these grounds he prayed to allow the petition and to release the petitioners/accused on anticipatory bail.
6. Per contra, the learned High Court Government Pleader vehemently argued and submitted that the contents of the complaint clearly goes to show that with an intention to insult the complainant in a public view who belongs to Scheduled Caste and Scheduled Tribe, they have insulted and thereby they have committed the alleged offences. It is clear cut bar under Section 18A of the Act to release the petitioners/accused on anticipatory bail. Hence, he prayed to dismiss the petition.
7. I have carefully and cautiously gone through the submissions made by the learned counsel appearing for the parties and perused the records.
8. As could be seen from the contents of the complaint it is stated that on 23.9.2017 when the complainant and another person were coming back, at that time accused Nos.1 and 2 came there and asked them to do whatever they wanted and they threatened that they are going to take away the life in a public view. That is the matter which has to be considered and appreciated only at the time of trial. Even the entire complaint if it is perused nowhere it indicates that the petitioners/accused with an intention to humiliate them as they belonged to scheduled caste they have abused. Under the said facts and circumstances the restrictions which is there under Section 18A of the Act would not applicable to the present facts of the case on hand, in view of the decision of the Hon’ble Apex Court in the case of Dr.Subhash Kashinath Mahajan Vs. State of Maharashtra and Another reported in (2018)6 SCC 454. Even the other offences are not punishable with death or imprisonment for life. Under the said facts and circumstances, I feel that by imposing some stringent conditions, if the petitioners/accused are ordered to be released on anticipatory bail, it is going to meet the ends of justice.
9. In the light of the discussions held by me above, the petition is allowed and petitioners/accused Nos.1 and 2 are ordered to be released on anticipatory bail in Special Case No.7/2019 pending on the file of I Additional District and Sessions Judge and Special Judge, Kodagu, Madikeri, (Crime No.207/2017) of Shanivarasanthe Police Station, Madikeri, for the offences punishable under Sections 506 and 504 r/w 34 of Indian Penal Code and under Sections 3(1)(r) and 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, subject to the following conditions:
i) Each of the petitioners shall execute a personal bond for a sum of Rs.2,00,000/- (Rupees Two Lakhs only) with two sureties each for the likesum to the satisfaction of the Investigating Officer.
ii) They shall surrender before the Investigating Officer within 15 days from today.
iii) They shall not tamper with the prosecution evidence directly or indirectly.
iv) They shall not leave the jurisdiction of the Court without prior permission.
v) They shall not indulge in similar type of criminal activities.
vi) They shall be regular in attending the trial.
*AP/-
Sd/- JUDGE