IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.8836/2018 BETWEEN:
SRI T.R.SHIVADAS S/O. LATE V.K.RAMAKRISHNA AGED ABOUT 52 YEARS R/AT. DODDAKUNDA NALVATHEKRE NELLIHUDIKERI VILLAGE AND POST SOMWARPET TALUK KODAGU DISTRICT – 571236 ... PETITIONER (BY SRI AKHIL S. ADV., FOR SRI RANJITH K.S., ADV.,) AND:
1. THE STATE OF KARNATAKA BY SIDDAPURA POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE – 560001 2. SMT. S.PADMAVATHI AGED 39 YEARS W/O. LATE SUBRAMANI PRESIDENT OF GRAM PANCHAYATH NELLIHUDIKERI VILLAGE AND POST SOMWARPET TALUK KODAGU DISTRICT – 571236 …RESPONDENTS (BY SRI HONNAPPA, HCGP FOR R1) 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.162/2018 OF SIDDAPURA POLICE STATION, KODAGU FOR THE OFFENCE P/U/S 504 AND 506 OF IPC AND SEC.3(1)(r) AND 3(2)(v-a) OF SC AND ST (POA) ACT, 1989 THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT PASSED THE FOLLOWING:-
ORDER Learned HCGP submits that notice to respondent No.2 is served and respondent No.2 is remained absent.
2. Heard Sri. Akhil S., learned counsel for the petitioner and the learned HCGP for respondent No.1. Perused the records.
3. The allegations made against the petitioner is that on 07.11.2018 in the evening at 04:54 p.m., when the complainant who was working as Grama Panchayath President at Nellihudikeri village, had been to the shop of accused and it is alleged that the petitioner has abused the complainant in filthy language referring to her caste name in the presence of some other persons by name Yogesh and Hakishi Afzal.
4. The First Information Report does not reveal as to what is the filthy language that was used for abusing the complainant and it also does not contain that the accused had abused the complainant by referring to the caste of the complainant and the same amounts to humiliation in public view. Merely contending that accused has used filthy language to abuse the complainant does not comply the requirement of law. Unless, it is specifically stated that what are the exact abusive words used by the accused persons. Therefore, at this stage, I am of the opinion that offence under Sections 3(1)(r) and 3(2)(v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, are not constituted. Sofar as other offences are concerned, they are not punishable either with death or imprisonment for life.
5. Under the above said circumstances, the petitioner is entitled to be enlarged on bail. Hence, the following:
ORDER The petition is allowed. Consequently, the petitioner shall be released on bail in the event of his arrest in connection with Crime No.162/2018 of Siddapura Police Station for the offence under Sections 504, 506 & 438 of IPC and under Section 3(1)(r) & 3(2)(v)(a) of the SC/ST (POA) Act, subject to the following conditions:-
i) The petitioner shall surrender himself before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like- sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and he shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of Kodagu district without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioner shall mark his attendance once in a week i.e, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/- JUDGE HJ