IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.2635/2019 BETWEEN:
THAMMAIAH @ THAMMANNA .K. S/O KALAIAH, AGED ABOUT 48 YEARS, R/AT NO.232, 1ST MAIN ROAD, 15TH CROSS, BAPUJINAGAR, MYSORE ROAD, BENGALURU SOUTH, BENGALURU DISTRICT – 560 026.
… PETITIONER (BY SRI M. SHARASS CHANDRA, ADVOCATE) AND:
STATE OF KARNATAKA BY IJOOR P.S. RAMANAGAR DISTRICT REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE – 560 001. ... RESPONDENT (BY SRI ROHITH B.J., HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.8/2019 OF IJOOR POLICE STATION, RAMANAGARA FOR THE OFFENCE PUNISHABLE UNDER SECTION 323, 143, 504, 506 OF IPC AND SECTION 3(1)(r), 3(1)(s) OF SC/ST (PREVENTION OF ATROCITIES) ACT 1989.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned High Court Government Pleader for the respondent – State. Perused the records.
2. This Court has granted interim anticipatory bail to the petitioner (accused No.1) vide order dated 20.06.2019 after having served notice on the complainant and after considering the facts of the case and the nature of allegations and the provisions invoked by the police and also considering the bar under Section 18-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. A careful perusal of the complaint averments reveals that complainant who is an Advocate at Ramanagara lodged a complaint on 27.02.2019 stating that all the accused persons came to his office and abused him in filthy language referring to his caste and threatened him with dire consequences of killing him and taken away his files from the office. As stated by learned counsel for the petitioner there is omnibus allegation made against the accused persons and that complainant has not specifically stated as to who actually abused him in filthy language.
4. Under the above said circumstances, I do not find any strong reasons to deviate from the stand taken by this Court while granting interim anticipatory bail to the petitioner. Hence, the petition is allowed. Interim anticipatory bail granted to the petitioner vide order dated 20.06.2019 is made absolute. As per condition No.1, petitioner has executed a bond for a sum of Rs.50,000/- before the Investigating Officer. However, petitioner is now directed to appear before the jurisdictional Court and execute his personal bond for a sum of Rs.50,000/- with one surety for the like-sum for his appearance before the Court in future. Rest of the conditions are left undisturbed.
Sd/- JUDGE PKS