IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON' BLE MR. JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.2817 OF 2019 BETWEEN 1. SUBRAMANI S/O LATE KEMPANNA AGED ABOUT 40 YEARS, R/AT AT. MUDDANAYAKANAHALLI VILLAGE KUNDANAHOBLI, DEVANAHALLI TLAUK BANGALORE RURAL DISTRICT-562 110.
2. P. HEMANTH KUMAR S/O PATALAPPA AGED ABOUT 31 YEARS R/AT AT. MUDDANAYAKANAHALLI VILLAGE KUNDANAHOBLI, DEVANAHALLI TLAUK BANGALORE RURAL DISTRICT-562 110 3. M.P. SHASHI KUMAR S/O LATE PANCHAKSHARI ODEYAR AGED ABOUT 43 YEARS R/AT AT. MUDDANAYAKANAHALLI VILLAGE KUNDANAHOBLI, DEVANAHALLI TLAUK BANGALORE RURAL DISTRICT-562 110 4. SRINIVAS MURTHY @ SRINIVAS S/O REDDAPPA AGED ABOUT 39 YEARS R/AT AT. MUDDANAYAKANAHALLI VILLAGE KUNDANAHOBLI, DEVANAHALLI TLAUK BANGALORE RURAL DISTRICT-562 110 ... PETITIONERS (BY SRI K. MANJUNATHA FOR SRI BIPIN HEGDE, ADVOCATE) AND STATE BY VISHWANATHAPURA POLICE REPRESENTED BY STATEL PUBLIC PROSECUTOR BANGALORE 560001.
... RESPONDENT (BY SRI HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 CR.P.C., PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.33/2019 REGISTERED BY VISHWANATHAPURA POLICE STATION, BENGALURU DISTRICT FOR THE OFFENCES P/U/SS 504 AND 323 R/W 34 OF IPC AND SECTION 3(1)(x) OF SC/ST (POA) ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
******* O R D E R Heard the learned counsel for the petitioners, the learned HCGP for the respondent – state, and perused the records.
2. Learned HCGP submits that though Notice has already been served on the complainant, complainant, remained absent.
3. The brief allegations made against the petitioners are that on 13.03.2019 in the morning at about 8.30 a.m., all the accused persons were leveling the mud put by the complainant on the site measuring 35’ x 40’ held by him. When the complainant went there and asked the petitioners, the petitioners abused the complainant in filthy language and also dragged him from one place to another, due to which he sustained some chest pain and thereafter one Ashwathgowda and one Hanumanthgowda came to the spot and resolved the dispute. The police have registered a case in Crime No.33/2019 for the offences under Sections 323 and 504 of IPC and also under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, which is on par with Section 3(1)(r) of the Amended Act.
4. On perusal of the above said allegations, in the F.I.R. it is not stated as to which of the abusive words have been used by the accused persons in public place. It appears, Ashwathgowda and Hanumanthgowda came later after the above words alleged to have been used by the petitioners. At this stage, considering the nature of the allegations and other offences alleged, in my opinion the petitioners are entitled to be enlarged on anticipatory bail. Hence, the following:
ORDER The petition is allowed. The petitioners (accused Numbers 1 to 4) shall be released on bail in connection with Crime No.33/2019, on the file of Vishwanathapura Police Station, registered against them, for the offences under sections 323 and 504 of IPC and also under Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act, which is on Par with Section 3(1)(r) of the Amended Act, subject to the following conditions:
1. The petitioners shall surrender before the Investigating Officer, within 10 days from the date of receipt of a copy of this order. Each of the petitioners shall execute their personal bond for a sum of Rs.50,000/- each with one surety for the like sum to the satisfaction of the Investigating Officer.
2. The petitioners shall not in any manner indulge in hampering the investigation, they should appear before the Investigating Officer as and when required for the purpose of further investigation if any.
3. The petitioners shall not in any manner directly or indirectly, indulge in threatening or tampering the prosecution witnesses.
4. The petitioners shall not indulge in further committing or repeating any offences or indulge in any criminal activities.
5. The petitioners shall mark their attendance once in fifteen days on any Sunday between 10.00 a.m., and 5.00 p.m., before the Investigating Officer for a period of Two Months or till the Final Report is submitted to the Court.
Sd/- JUDGE Sbs*