IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10th DAY OF OCTOBER 2019 BEFORE THE HON’BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.6560 OF 2019 BETWEEN:
SMT. VIJAYALAKSHMI W/O A.V. HARNATH AGED ABOUT 58 YEARS OCC: HOUSE HOLD WORK R/AT. DOOR No.2, 9TH AVENUE NMPT QUARTERS, PANAMBOOR MANGALORE-575010.
… PETITIONER (BY SMT. SWAMINI GANESH MOHANAMBAL, ADV., FOR SRI. SANDEEP PATIL, ADV.) AND:
STATE OF KARNATAKA THROUGH CIRCLE INSPECTOR/ SUB INSPECTOR TARIKERE SUB-DIVISION TARIKERE-577228 REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560001.
(BY SRI. ROHITH B.J. HCGP) - - -
… RESPONDENT This Criminal Petition is filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of her arrest in CR.No.118/2014 of Tarikere Town P.S. Chikamagalur for the offence P/U/S 196, 198, 420 of IPC and Section 3(1)(9) of SC/ST (POA) Act.
This Petition coming on for Orders this day, the Court made the following:-
ORDER Heard the learned counsel for the petitioner, the learned High Court Government Pleader for the respondent- State and perused the records.
2. The respondent – police have registered a case in Crime No.118/2014 for the offences under Sections *196, 198 & 420 of IPC r/w. Sec.3(1)(9) of the SC & ST(POA) Act, 1989.
3. The brief facts of the case are that the petitioner has married a Scheduled Caste person by name A.V.Harinath of Lakkavalli Village in Tarikeri Taluk. It is alleged that after the marriage, she got a certificate on the basis of the documents pertaining to her husband to the effect that she also belonged to Bhovi by community after the marriage. It is also alleged that in the partnership of one Lokesh who is no other than husband’s brother’s son, they got an authorization to open a petrol bunk. Therefore, on this ground, it is alleged that the accused – petitioner has * Corrected Vide court Order dated 3.12.2019.
committed an offence under Section 3(1)(9) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and under Section 420 of IPC. It is alleged that during the course of trial, it has to be established that the accused has committed such an offence as alleged against her or not. When doubtful circumstances are there, in my opinion, Section 18A of the SC and ST (Prevention of Atrocities) Act is a bar for this Court to exercise its jurisdiction.
4. Therefore, looking to the nature of allegations and the facts and circumstances of the case, I am of the opinion that the petitioner being a lady, she assumes the caste of her husband after marriage. Whether she has intentionally or deliberately committed the act, has to be considered by the Court. Therefore, at this stage, the petitioner has to be enlarged on bail. Hence, the following order:
The petition is allowed. Consequently, the petitioner shall be released on bail in the event of her arrest in connection with Crime No.118/2014 of Tarikere Town Police Station, subject to the following conditions:-
i) The petitioner shall surrender herself before the Investigation Officer within Ten days from the date of receipt of a certified copy of this order and shall execute 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 Investigation Officer.
ii) The petitioner shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioner shall co-operate with the Investigating Officer to complete the investigation, and she shall appear before the Investigating Officer as and when called for.
iv) The petitioner shall not leave the jurisdiction of the Investigating Officer without prior permission, till the charge sheet is filed or for a period of three months whichever is earlier.
5. In view of the disposal of this petition, the memo filed seeking amendment of the petition is hereby rejected.
Sd/- JUDGE RV