IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.3630/2019 C/W CRIMINAL PETITION No.3364/2019 IN CRL.P.No.3630/2019 BETWEEN MR. SYED SHAFIULLA S/O LATE HUSSAIN SAHEB AGED ABOUT 65 YEARS, RESIDING AT NO.1023, KASABALANKA, NO.35, NORIS ROD, RICHMOND TOWN, BANGALURU -560025. ... PETITIONER (BY SRI SHIVASHANKARAPPA, ADVOCATE) AND 1. STATE OF KARNATAKA BY REP. BY THE STATION HOUSE OFFICER PARAPPANA AGRAHARA POLICE STATION, BANGALORE – 560100 (REPRESENTED BY LEARNED STATE PUBLIC PERSECUTOR) HIGH COURT BUILDING BANGALORE -560001.
2. SMT. GOWRI W/O BALAJI AGED ABOUT 33 YEARS R/AT NO.220, 1ST CROSS, SHANTHIPURA, ELECTRONIC CITY POST BANGALORE 560100. ... RESPONDENTS (BY SRI HONNAPPA, HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.86/2019 OF PARAPPANA AGRAHARA P.S., BANGALORE FOR THE OFFENCE P/U/S 447,427,379 R/W 34 OF IPC AND SEC.3(1)(r),3(1)(s),3(1)(z) OF SC/ST (POA) ACT.
IN CRL.P.NO.3364/2019 BETWEEN 1. MOHAN KUMAR S/O SUBRAMANYAM AGED ABOUT 28 YEARS, R/AT DOOR NO. 80/10, 5TH CROSS, SUDDHAGUNTE PALYA BENGALURU CITY - 560 029.
2. H.P.THIMMAREDDY S/O PILLAIAH, AGED ABOUT 55 YEARS, R/AT NO. 2488, 25TH MAIN, 14TH B CROSS, HSR LAYOUT, SECTOR-1 BENGALURU CITY - 560 029.
3. PILLAREDDY S/O RAMAREDDY, AGED ABOUT 51 YEARS, R/AT NO. 712, SRIDEVI COMPLEX AMBEDKAR STREET HEBBAGODI ANEKAL TQ BENGALURU - 560 099. ... PETITIONERS (BY SRI PRAVEEN C, ADVOCATE) AND 1. THE STATE OF KARNATAKA BY PARAPPANA AGRAHARA POLICE BENGALURU REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BENGALURU - 560 001.
2. SMT. GOWRI W/O BALAJI AGED ABOUT 33 YEARS, R/AT NO. 220, 1ST CROSS, SHANTHIPURA, E-CITY BENGALURU - 560 100. ... RESPONDENTS (BY SRI HONNAPPA, HCGP) THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CR.NO.86/2019 OF PARAPPANA AGRAHARA P.S, BANGALORE CITY FOR THE OFFENCE P/U/S 447,427,379 R/W 34 OF IPC AND UNDER SECTION 3(1)(r)(s)(z)OF SC/ST (POA) ACT.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard and perused the records.
2. Learned HCGP submitted before the Court that with regard to filing of these petitions the complainant has been served.
3. It is seen that, the complainant though served remained absent.
4. The FIR discloses that on 03.04.2019 at about 10.00 a.m. when the complainant along with her husband and a friend of her husband by name Ganesh went to the land bearing Sy.No.30/1 of Chikkanagamangala village, Sarjapur Hobli, Anekal Taluk, Bengaluru, the accused persons and others trespassed into the complainant’s land and were constructing house. When the same was asked by the complainant, the accused persons abused the complainant in filthy language by taking their caste name and also took away electric meter and boxes and also damaged the shed in the complainant’s land. On these allegations, the police have registered a case in Cr.No.86/2019 for the offences punishable under Section 379, 427, 447 r/w 34 of IPC and under Section 3(1)(r), 3(1)(s), 3(1)(z) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and they are investigating the matter.
5. The above said allegations though discloses that the accused persons abused the complainant in filthy language taking name of the caste of the complainant, there is no material to show that any public were present at the time of abusing the complainant. Therefore, it is doubtful as to whether the said offence attracts under Section 379, 427, 447 r/w 34 of IPC and under Section 3(1)(r), 3(1)(s), 3(1)(z) if Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 or not. The said fact has to be proved during the course of full fledged trial.
6. Under the above said circumstance, the petitioners are entitled to be enlarged on anticipatory bail. Hence, the following order:
ORDER The petitions are allowed. Consequently, the petitioner (accused No.4) in Crl.No.3630/2019 and petitioners (accused Nos.1 to 3) in Crl.P.No.3364/2019 are entitled to be enlarged on anticipatory bail in the event of their arrest in Cr.No.86/2019 of Parappana Agrahara Police Station on following conditions:
i) The petitioners shall surrender themselves before the Investigating Officer within Ten days from the date of receipt of a certified copy of this order and each of them shall execute a personal bond for a sum of Rs.50,000/- with one surety for the like- sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Bengaluru, without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
v) The petitioners shall mark their attendance once in 15 days i.e., on any Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till filing of the report, whichever is earlier.
Sd/- JUDGE TL