IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K.N.PHANEENDRA CRIMINAL PETITION No.1436/2019 BETWEEN:
1. VISHWANATHA K.V S/O VEERABADRAIAH K.R. AGED ABOUT 39 YEARS, 2. MAHESHA K.V S/O VEERABADRAIAH K.R. AGED ABOUT 45 YEARS, 3. ANAND S/O KEMPANNA, AGED ABOUT 39 YEARS, 4. PAWAN KUMAR K.M. S/O MAHESH AGED ABOUT 20 YEARS, 5. MUNIRAJU K.N S/O NARAYANASWAMY, AGED ABOUT 22 YEARS, ALL ARE RESIDENCE OF DODDA KORATI VILLAGE, NANDAGUDI HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT – 562 122.
… PETITIONERS (BY SRI ANAND B., ADV., FOR SRI K SHIVASHANKAR ADV., FOR PETITIONERS) AND:
STATE BY NANDAGUDI POLICE STATION, NANDAGUDI CIRCLE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, HIGH COURT OF KARNATAKA, BENGALURU-560 001. ... RESPONDENT (BY SRI HONNAPPA, HCGP.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF CRIMINAL PROCEDURE CODE, PRAYING TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF THEIR ARREST IN CT.NO.263/2018 OF NANDAGUDI P.S., BANGALORE DISTRICT FOR THE OFFENCE P/U/S 143,147,148,323,324,504,506 R/W 149 OF IPC AND SEC.3(1) (r) (s) OF SC/ST (POA) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent - State. Perused the records.
2. Petitioners are arraigned as accused Nos.1 to 5 in Crime No.263/2018 of Nandagudi Police Station for the offence under Sections 143, 147, 148, 323, 324, 504, 506, 149 IPC read with Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014.
3. Brief facts of the case are that when the accused persons were celebrating the incident of one MTB Nagraj being given the Minister post in the Congress party and in that context, they were igniting the crackers in the street, etc., and when the complainant questioned the same, all the accused persons abused him in filthy language referring to his caste etc.
4. On careful perusal of the materials on record, it is seen that this Court on 30.05.2019 granted anticipatory to the petitioners bail and presently, they are all on anticipatory bail. When the omnibus allegations are made and specific allegations are not there against any of the petitioners and that other offences are virtually punishable in nature except offence under SC/ST Act, there is no sufficient reason to disturb the anticipatory bail granted by this Court. Hence, petitioners are entitled to continue on the same anticipatory bail granted by this Court.
5. Under the above said circumstances, petition is allowed affirming the interim anticipatory bail granted by this Court and the same shall be absolute till the disposal of the case before the Trial Court on the same terms and conditions.
Sd/- JUDGE PKS