IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION NO. 3746/2017 BETWEEN:
Sunil (Sunil Kumar C.R) S/o Rajanna, Aged about 30 years, Agriculturist, R/a Chikkadasarahalli, Sarjapura Hobli, Anekal Taluk, Bangalore Rural -562106. ...Petitioner (By C.N. Raju, Advocate) AND:
State by Sarjapura P.S, Police Station, Represented by SPP, High Court Complex, Bangalore -560 001 …Respondent (By Sri. K. Nageshwarappa, HCGP) This Criminal Petition is filed u/s 438 Cr.P.C praying that this Hon’ble Court be pleased to enlarge the petitioners on bail in the event of their arrest in Spl.
C. No. 131/2016 pending on the file of II Additional district and Sessions Judge, Bengaluru Rural District and Crime No. 108/2016 of Sarjapura Police Station, Bengaluru District, which is registered for the offence p/u/s 143, 147, 148, 120(b), 341, 34 r/w 149 of IPC and Sec.3 (2) (V) of SC/ST Act 1989 & etc., This Criminal Petition is coming on for order this day, the Court made the following:
ORDER Learned HCGP takes notice for the respondent State.
2. Heard the learned counsel appearing for the petitioner and learned Government Pleader appearing for the respondent.
3. The respondent police have chargesheeted the petitioner (A-14) along with 13 others in the Crime No. 108/2016 of Sarjapura Police in respect of the offence punishable under Section 143, 147, 148, 120(b), 341, 302, 34 read with Section 149 of IPC and Section 3(2)(v) of Schedule Castes and Scheduled Tribes 1989 (Prevention of Atrocities) Act (for brevity the Act).
4. The allegation is that in pursuance of their enimity against the deceased, accused persons formed unlawful assembly, committed rioting with lethal weapons, way-laid the deceased on 30.04.2016 and threw chilli powder on him and assaulted him with lethal weapons to death.
5. The role attributed by this petitioner was with A10 to A13 who way-laid the deceased and threw chilli powder on him. This petitioner being member of upper caste despite knowing that the deceased belongs to Schedule Caste Community has committed the offence. As such his name was not mentioned in the FIR registered on 08.06.2016. It is only after recording the statement of the witness on 08.06.2016 he was implicated in this case. Accused No.8 who is similarly placed, has been granted anticipatory bail by this court in Criminal Petition No. 9205/2016 vide Order dated 09.01.2017. Investigation having been complete, there is no impediment to allow the petition.
6. Petition is allowed. The petitioner is granted anticipatory bail in Crime No.108/2016 for a period of three weeks. Within the above period, he shall surrender before the concerned Court and move for regular bail. Till disposal of the bail petition, the benefit of this order shall be in force. In the event of his arrest by the Investigating officer, he shall be released on anticipatory bail on executing a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the like sum to the satisfaction of the concerned Investigating Officer.
Sd/- JUDGE akv