Karnataka High Court
Mrs. Nagarathna vs The State Of Karnataka on 19 July, 2021
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2021
BEFORE:
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO.4294 OF 2021
CONNECTED WITH
CRIMINAL PETITION NO.4459 OF 2021
CRIMINAL PETITION NO.4462 OF 2021 AND
CRIMINAL PETITION NO.4570 OF 2021
IN CRL.P. NO.4294/2021
BETWEEN:
MRS.NAGARATHNA
AGED ABOUT 31 YEARS
W/O. LATE MR. LOKESH,
R/AT GARAKAHALLI VILLAGE
VIRUPAKSHAPURA HOBLI
CHANNAPATNA TALUK
RAMANAGARA-571 501.
... PETITIONER
[BY SRI. SATYANARAYANA S. CHALKE A/W
SRI. SHIVARAMU H.C., ADVOCATES]
AND:
THE STATE OF KARNATAKA
RET.BY THE STATION HOUSE OFFICER
AKKUR POLICE STATION
CHANNAPATNA RURAL CIRCLE
RAMANAGARA-571 501.
REPT BY ITS SPP
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HIGH COURT OF KARNATAKA BUILDING
DR.B.R.AMBEDKAR VEEDHI
BENGALURU-560 001.
... RESPONDENT
[BY SRI. VINAYAKA V.S., HCGP]
***
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.65/2021 OF AKKUR P.S., RAMANAGARA DISTRICT FOR THE
OFFENCE P/U/S 120B, 504, 506, 114, 34 OF IPC AND SECTION 3 OF
KARNATAKA PREVENTION AND ERADICATION OF INHUMAN EVIL
PRACTICES AND BLACK MAGIC ACT AND SECTION 66(C) OF THE
INFORMATION TECHNOLOGY ACT.
IN CRL.P. NO.4459/2021
BETWEEN:
SRI. SHIVAKUMAR G.M.
S/O. MARIGOWDA G.K.
AGED ABOUT 42 YEARS
RESIDENT OF GARAKALLI VILLAGE
VIRUPAKSHIPURA HOBLI
CHANNAPATNA TALUK
RAMANAGARA DISTRICT.
... PETITIONER
[BY SRI. GIRI KUMAR S.V., ADVOCATE (PH)]
AND:
THE STATE OF KARNATAKA
BY AKKUR POLICE STATION
CHANNAPATNA RURAL CIRCLE
RAMANAGARA DISTRICT
REP BY STATE PUBLIC PROSECUTOR.
... RESPONDENT
[BY SRI. VINAYAKA V.S., HCGP]
***
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.65/2021 OF AKKUR POLICE STATION, RAMANAGARA DISTRICT
FOR THE OFFENCE P/U/S 120B, 504, 506, 114, 34 OF IPC AND
SECTION 3 OF KARNATAKA PREVENTION AND ERADICATION OF
INHUMAN EVIL PRACTICES AND BLACK MAGIC BILL.
IN CRL.P. NO.4462/2021
BETWEEN:
SRI.MARIGOWD G.K.,
S/O. MASTI KARIGOWDA
AGED ABOUT 65 YEARS
RESIDENT OF GARAKALLI VILLAGE
VIRUPAKSHIPURA HOBLI,
CHANNAPATNA TALUK,
RAMANAGARA DISTRICT.
... PETITIONER
[BY SRI. GIRI KUMAR S.V., ADVOCATE (PH)]
AND:
THE STATE OF KARNATAKA
BY AKKUR POLICE STATION
CHANNAPATNA RURAL CIRCLE
RAMANAGARA DISTRICT
REP BY STATE PUBLIC PROSECUTOR.
... RESPONDENT
[BY SRI. VINAYAKA V.S., HCGP]
***
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN CRIME
NO.65/2021 OF AKKUR P.S., RAMANAGARA FOR THE OFFENCE P/U/S
120B, 504, 506, 114, 34 OF IPC AND SECTION 3 OF KARNATAKA
PREVENTION OF ERADICATION OF INHUMAN EVIL PRACTICES AND
BLACK MAGIC BILL,2017.
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IN CRL.P. NO.4570/2021
BETWEEN:
SHIVALINGA
S/O. CHIKKANNA
AGED ABOUT 32 YEARS
R/AT GARAKAHALLI VILLAGE
V. PURA HOBLI, CHANNAPATNA TALUK
RAMANAGARA DISTRICT.
... PETITIONER
[BY SRI. A.N. RADHAKRISHNA, ADVOCATE (PH)]
AND:
STATE OF KARNATAKA
BY AKKUR POLICE
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU-560 001.
... RESPONDENT
[BY SRI. VINAYAKA V.S., HCGP]
***
THIS CRIMINAL PETITION IS FILED UNDER SECTION 438 OF
CR.P.C., PRAYING TO ENLARGE THE PETITIONER ON BAIL IN
CR.NO.65/2021 OF AKKUR P.S., RAMANAGARA DISTRICT FOR THE
OFFENCES P/U/S 120B, 504, 506, 114 R/W 34 OF IPC AND SECTION 3
OF THE KARNATAKA PREVENTION OF ERADICATION OF INHUMAN EVIL
PRACTICES AND BLACK MAGIC BILL, 2017.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS
THROUGH VIDEO CONFERENCE, THIS DAY THE COURT MADE THE
FOLLOWING:
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ORDER
Crl.P. No.4294/2021 is preferred by accused No.2, Crl.P.No.4459/2021 is preferred by accused No.1, Crl.P.No.4462/2021 is preferred by accused No.4 and Crl.P.No.4570/2021 is preferred by accused No.3.
2. The above criminal petitions are filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Crime No.65/2021 registered at Akkur Police Station, Ramanagara for offences punishable under Sections 120B, 504, 506, 114 read with Section 34 of IPC, Section 3 of Karnataka prevention and Eradication of inhuman evil practices and black magic Act, 2017 (for short 'Act 2017').
3. Heard the learned counsel for petitioners and learned HCGP for respondent-State.
4. Law was set in motion by one Sri. G.D. Jagadeesh. The sum and substance of the complaint averments are that accused No.2 is the wife of first informant's brother by name Lokesh. He died on 25.02.2020. On 07.05.2021, a person by 6 name Vinay informed the first informant that his neighbour Shivalanga - accused No.3 has been making unusual calls expressing that everyone should be finished, like how they finished him last year and then the entire property will be theirs etc., He further informed that accused No.1 was meeting accused No.3 in his house and accused No.2 namely the wife of Lokesh used to meet accused No.3 in the backyard of their house. Suspecting some foul play, the first informant took the mobile phone of accused No.2 and while checking the mobile phone, found obscene pictures, certain whatsapp messages and conversations between the accused persons. When he enquired with the accused persons, they threatened him with dire consequences. After confirming that the accused were involved in practicing black magic to eliminate the entire family of the first informant and suspecting that they had committed the murder of first informant's brother, the aforesaid complaint came to be lodged by him. On the basis of which a case was registered against accused nos.1 to 4 and others.
5. Learned counsel appearing for the petitioners have vehemently contended that the entire allegations are false and 7 the petitioners are falsely implicated in the case. It is contended that the mobile phone belonging to accused No.2 has not been seized at the instance of the said accused, but the same was handed over to the police by the first informant. It is also contended that there is an inordinate delay in producing the seized articles before the learned Magistrate. It is contended that accused Nos.1, 3 and 4 had contested for gram panchayat elections and due to political vengeance they are falsely implicated in this case. It is further contended that the first informant's brother namely Lokesh died a natural death and now it is being falsely claimed that the accused are responsible for his death by practicing black magic. Learned counsel for petitioners submits that the petitioners are ready and willing to abide by any conditions and there are no bad antecedents against them. Accordingly, seeks to allow the petition.
6. Learned HCGP has opposed the petitions contending that the police have seized the mobile phone belonging to accused No.2 and the contents of the same clearly show that the accused/petitioners are involved in evil practices and black magic. He contends, in view of Section 3 of the 'Act 2017' and 8 punishment provided therein, petitioners are not entitled for the relief of anticipatory bail. He contends that the mobile phone belonging to accused No.2 which has been seized in this case has been sent for forensic examination and FSL report is awaited. He submits that the investigation is still in progress and the petitioners have been practicing black magic in order to eliminate the entire family of the first informant. He therefore contends that the petitioners are not entitled for the relief they have sought for in this petition. Accordingly seeks to reject the petition.
7. It is the case of prosecution that first informant's brother by name Lokesh died on 25.02.2020. On 07.05.2021 a person by name Vinay came and informed the first informant that accused No.3 Shivalinga used to meet accused No.2 in the backyard of the house and he was also talking to some one regarding practicing black magic and evil practices. It appears that on suspicion, the first informant took the mobile phone of Accused No.2 and on checking the same, he found certain obscene pictures, whatsapp messages and conversation of accused No.2 with other accused persons.
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8. According to the prosecution, accused persons were practicing black magic and evil practices to eliminate the entire family of the first informant to knock off the property. The first informant has raised suspicion over the death of his brother. Admittedly the first informant's brother died on 25.02.2020 and there was no complaint lodged suspecting any persons. Based on the contents of the mobile phone belonging to accused No.2, it is alleged that the accused/petitioners are involved in practicing black magic and evil practices etc., and involved in the murder of first informant's brother. Complaint was lodged on 27.05.2021. The mobile phone belonging to accused No.2 has been handed over to the police by the first informant. The said mobile contained obscene pictures, whatsapp messages and chats between the accused persons. From the contents of the said mobile phone, it is being alleged that the accused persons are involved in practicing black magic etc. That itself is not sufficient at this stage to say that there is a prima facie case against the petitioners for having committed an offence punishable under Section 3 of the Act 2017. Petitioners have undertaken to cooperate with the investigation and also to abide by conditions. 10 Mobile phone of accused No.2 is already seized. Therefore, I deem it appropriate to direct the petitioners to appear before the investigation Officer and cooperate with the investigation. Hence, the following :
ORDER Criminal petition is allowed.
Petitioner - Accused Nos.1 to 4 shall be released on bail in the event of their arrest in Crime No.65/2021 of Akkuru Police Station, Ramanagara, subject to following conditions:
(i) Petitioners shall appear before the Investigation Officer within a period of one week from the date of receipt of a copy of this order and shall execute a personal bond each in a sum of Rs.1,00,000/-
(Rupees One Lakh only) with two sureties for like sum.
(ii) Petitioners shall furnish proof of their correct residential address and shall inform the I.O./court if there is any change in the address.
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(iii) Petitioners shall not tamper with the prosecution evidence/ witnesses in any manner.
(iv) Petitioners shall not put any threat or inducement to the complainant or his family members in any manner.
(v) Petitioners shall not leave the jurisdiction of the trial court till filing of charge sheet.
(vi) Petitioners shall mark their attendance before the jurisdictional police station once in fifteen days preferably on 2nd and 4th Saturday between 10.00 a.m., and 1.00 p.m., till conclusion of investigation.
(vii) Petitioners shall appear before the trial court on all dates of hearing.
Observations made in this petition shall be confined to the disposal of this petition and shall not influence the trial of the case.
Sd/-
JUDGE snc