IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.9217 OF 2018 BETWEEN:
1. THIPPESHI @ THIPPESWAMY B. S/O BANGARAPPA AGED ABOUT 44 YEARS DRIVER CUM CONDUCTOR KSRTC DAVANAGERE DEPOT R/O GIDDANAKATTE VILLAGE JAGALUR TALUK DAVANAGERE DISTRICT – 577 528 2. KENCHAPPA S/O NINGAPPA AGED ABOUT 28 YEARS KSRTC DRIVER R/O UCHCHANGIDURGA VILLAGE HARAPANAHALLI TALUK DAVANAGERE DISTRICT – 583 125 3. MOHAMMED MURTUJA HUSSAIN S/O CHAMAN SAB AGED ABOUT 53 YEARS ASST. TRAFFIC SUPERINTENDENT KSRTC, DAVANAGERE DIVISION DAVANAGERE – 577 004 ...PETITIONERS (BY SRI SHIVAPRASAD Y.S., ADV. FOR SRI H.C.SHIVARAMU, ADV.) AND 1. STATE BY JAGALUR POLICE JAGALUR TALUK, JAGALUR – 577 528 DAVANAGERE DISTRICT REPT. BY ITS STATE PUBLIC PROSECUTOR 2. MANJUNATH S/O SHIVANNA AGED ABOUT 36 YEARS A.K.JANANGA DONNEHALLI VILLAGE JAGALUR TALUK DAVANAGERE DISTRICT – 577 528 ...RESPONDENTS (BY SRI K.P.YOGANNA., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME NO.379/2018 OF JAGALUR POLICE STATION, DAVANAGERE DISTRICT FOR THE OFFENCE P/U/S 323, 324, 341 OF IPC AND SECTION 3(1)(r)(s) AND 3(2)(v-a) OF SC/ST ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are accused Nos.1 to 3 in Crime No.379/2018 of Jagalur Police Station. The said case was registered against the petitioners and four unknown accused for the offences punishable under Sections 341, 504, 324, 323 read with Section 34 of Indian Penal Code, 1860 and Sections 3(1) (r), 3 (1) (s) and 3(2) (v-a) of SC/ST (Prevention of Atrocities) Act, 1989 on the basis of the complaint of one Manjunatha.
2. Petitioners are the driver, conductor and Assistant Traffic Superintendent in K.S.R.T.C. It is alleged that on 07.11.2018 at 6.15 p.m. in front of T.N. Enterprises, near Jagalur bus stand, accused picked up quarrel with the complainant, a staff of the private bus operator in the matter of parking of the bus and assaulted him by hand and ETM-machine. It is further alleged that petitioners abused the complainant with reference to his caste to humiliate him.
3. Regarding the same incident petitioner’s party filed complaint against the complainant alleging that the accused therein obstructed the K.S.R.T.C. employees (driver, conductor etc.) from discharging their duties of public servants and assaulted them. Thus, there are case and counter cases. Petitioners’ party has filed complaint at earlier point of time. There is five days delay in filing this complaint.
4. Complainant was not known to the petitioners earlier to the incident. Under these circumstances, the chance they knowing his caste and abusing with reference to his caste creates doubt. Petitioners are all Government employees. The chance of they tampering evidence and fleeing away from justice are remote. Therefore, petition is allowed.
Petitioners are granted anticipatory bail in Crime No.379/2018 of Jagalur Police Station, subject to the following conditions:
1. Petitioners shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. They shall execute personal bonds in a sum of Rs.50,000/- and furnish two sureties in the like-sum to the satisfaction of the Investigating Officer for their appearance;
3. They shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. They shall not tamper the prosecution witnesses by threats, inducement or otherwise.
In view of disposal of the case, I.A.No.1/2018 does not survive for consideration and disposed of accordingly.
Sd/- JUDGE HR