IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MRS. JUSTICE K.S.MUDAGAL CRIMINAL PETITION NO.8774 OF 2018 BETWEEN:
VENKATESH S/O BASAVANATHAPPA AGED ABOUT 43 YEARS OCC: AGRICULTURIST R/O UGANEKATTE VILLAGE HOLALKERE TALUK CHITRADURGA DISTRICT 577 526. ...PETITIONER (BY SRI R.B. DESHPANDE, ADV.) AND THE STATE OF KARNATAKA BY HOLALKERE POLICE STATION CHITRADURGA DISTRICT 577 526 REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BENGALURU 560 001. ...RESPONDENT (BY SRI K.P. YOGANNA HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF HIS ARREST IN CR.NO.262/2018 OF HOLALKERE POLICE STATION, CHITRADURA FOR THE OFFENCES P/U/S 143, 147, 504, 323, 354 (B) 506 READ WITH SECTION 149 OF IPC AND SECTION 3 (1) (r) 3 (1) (s), 3(1) (w) (i) (ii) of SC/ST (POA) ACT 1989.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is accused No.5 in Crime No.262/2018 of Holalkere Police Station. The said case is registered against the petitioner and accused 1 to 4 for the offences punishable under Sections 143, 147, 504, 323, 354(B) 506 read with Section 149 of I.P.C., and Section 3 (1) (r), 3(1) (s), 3(1) (w) (i) (ii) of SC & ST (POA) Act, 1989, on the basis of the complaint of one Rangaswamy.
2. It is alleged that on 07.10.2018 at 2.30 p.m. the accused picked up quarrel with the complainant with regard to construction of temple in the land bearing Sy.No.81 of Uganakatte Village. It is further alleged that when the complainant questioned the said act contending that the land belongs to him, accused party abused the complainant, his mother and sister with reference to their caste and assaulted them.
Further accused 3 to 5 outraged the modesty of his sister.
3. Sri R.B. Deshpande, learned counsel for the petitioner submits that first accused filed complaint against the complainant party alleging that they attempted to commit theft of statue in temple in question and as counter blast to such complaint, the petitioner party are falsely implicated in this case. He further submits that the allegations are general in nature and no specific overtacts attributed to the petitioner to attract provisions of SC/ST (PA) Act.
4. Sri K.P. Yoganna, learned H.C.G.P. submits that Section 18A of the SC/ST (PA) Act bars remedy under Section 438 of Cr.P.C. He further submits that victims have suffered simple injuries.
5. The copy of the FIR and complaint in Crime No.257/2018 show that on 01.10.2018, first accused filed complaint against the complainant of this case alleging the attempt to commit theft of the Statue in Horake Ranganatha Swamy Temple. One week thereafter on 07.10.2018, complainant filed the present complaint against petitioner’s party.
6. As rightly pointed by the learned counsel for the petitioner, in the complaint, the allegations to attract Section 3 of the SC/ST (PA) Act not attributed specifically to any individual accused. Even so far as the alleged assault on the complainant, his mother and sister, it is not said while assaulting them, accused intended the said assault having regard to the caste of the said persons.
7. The bar under Section 18 & 18A is attracted when a prima facie case under Section 3 of the SC/ST (PA) Act is made out. Except that all other offences are triable by the Magistrate. Under these circumstances, it is a fit case to grant anticipatory bail with suitable conditions. Therefore, petition is allowed.
The petitioner is granted anticipatory bail in Crime No.262/2018 of Holalkere Police Station, Chitradurga District, subject to the following conditions:
1. Petitioner shall appear before the Investigating Officer within 10 days from the date of receipt of copy of this order;
2. He shall execute personal bond in a sum of Rs.50,000/- and furnish one surety in the like-sum to the satisfaction of the Investigating Officer/Court for his appearance;
3. He shall appear before the Investigating Officer/Court as and when required for the purpose of investigation/ enquiry/trial;
4. He shall not tamper the prosecution witnesses by threats, inducement or otherwise.
Sd/- JUDGE HR