Krishna R vs The State By Lakkavalli Police Station on 22 February, 2017

[Cites 12, Cited by 1]

Karnataka High Court

Krishna R vs The State By Lakkavalli Police Station on 22 February, 2017

Equivalent citations: AIRONLINE 2017 KAR 11

Bench: P.S. Dinesh Kumar

                           1


     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        Dated this the 22nd day of February, 2017

                        BEFORE

 THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR

            Criminal Petition No.1382/2017

BETWEEN:

1.      KRISHNA R
        S/O.RAJAPPA
        AGED ABOUT 31 YEARS
        AGRICULTURIST, R/O.MUDUGODU
        SIDDESHWARA STREET
        RANGENAHALLI
        TARIKERE TALUK - 577 549
        CHIKKAMAGALURU DISTRICT

2.      RAJEGOWDA @ RAJAPPA
        S/O.DODDEGOWDA
        AGED ABOUT 58 YEARS, AGRICULTURIST
        R/O.MUDUGODU
        SIDDESHWARA STREET
        RANGENAHALLI
        TARIKERE TALUK - - 577 549
        CHIKKAMAGALURU DISTRICT     ... PETITIONERS

        (By Shri.J.I.KITTUR, SENIOR COUNSEL FOR
            Shri.S.P KULKARNI, Adv.,)
AND :

THE STATE BY LAKKAVALLI POLICE STATION
NOW REPRESENTED BY S.P.P
HIGH COURT OF KARNATAKA BUILDING
BENGALURU - 560 001              ... RESPONDENT

           (By Shri. K.NAGESHWARAPPA, HCGP)
                                2



     THIS CRL.P IS FILED U/S.438 CR.P.C PRAYING TO
ENLARGE THE PETITIONERS ON BAIL IN THE EVENT
OF THEIR ARREST IN CRIME NO.1/2017 OF
LAKKAVALLI POLICE STATION, CHIKKAMAGALURU,
WHICH IS REGISTERED FOR THE OFFENCE P/U/S
354A,436,427,504,506,307 R/W 149 OF IPC R/W
SECTION 3(1)(x) OF SC & ST (PA) ACT, 1989.

     THIS CRL.P COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:-


                            ORDER

This petition under Section 438 of Cr.P.C. is filed seeking grant of anticipatory bail by accused No.2 & 3 in Crime No.1/2017, registered in Lakkavalli Police Station, Chikkamagaluru, District, for the offences punishable under Sections 354(A), 436, 427, 504, 506, 307 r/w Section 149 of IPC and Section 3(1)(X) of SC/ST (Prevention of Atrocities) Act, 1989.

2. The case of the prosecution is that, accused abused the complainant by caste on the night intervening 2nd & 3rd January 2017, poured 3 petrol out side the house of complainant and set the house and motor cycle ablaze.

3. Arguing in support of this petition, learned counsel for the petitioners submits that there are some family disputes between accused and complainant and the complainant has filed this false compliant to implicate the accused. With regard to the offence under the provisions of the SC & ST (Prevention of Atrocities) Act, 1989, ('the Act' for short), learned Counsel for the petitioners submits that the complaint averments do not satisfy the requirement Section 3(1) (r) & (s) of the Act as it is specifically averred in the complaint that the incident has taken place in the house of the complainant and not in public view. 4

4. Learned HCGP opposing the petition, submits that the offences alleged against the petitioners are serious in nature including the one under Section 307 of IPC. However, no injury certificate nor any material is placed before this Court to prima-facie substantiate the allegations.

5. Further a careful perusal of the complaint clearly shows that the offence alleged has occurred in the house of the complainant. Therefore, the same not being in public view, does not satisfy the ingredients of Section 3(1) (r) & (s) of the Act. The offences alleged are not punishable with death or life imprisonment. In the circumstances, in my view, this petition merits consideration and deserves to be allowed. Accordingly, it is directed that:

(i) In the event of arrest or voluntary surrender of petitioners in Crime 5 No.1/2017, before the jurisdictional Police or Magistrate on or before 8.3.2017, they shall be released on bail upon their executing a self bond for a sum of Rs.50,000/- each with one surety for the like sum to the satisfaction of the investigating officer;

(ii) Petitioners shall co-operate with the Investigating Officer during the further course of investigation and appear as and when called upon;

(iii) Petitioners shall mark their attendance before the jurisdictional Police on every 1st and 3rd Sunday of each calendar month between 10 a.m. & 1 p.m till the charge sheet is filed;

(iv) Petitioners shall not directly or indirectly make any inducement, threat or promise to prosecution witness or any person acquainted with the facts of the case, so as to dissuade him from disclosing such 6 facts to the Court or investigating officer;

(v) Petitioners shall not involve themselves in any criminal activities; and

(vi) If the petitioners violate any one of the conditions, the prosecution shall be at liberty to seek cancellation of bail.

Petition allowed.

Sd/-

JUDGE Yn.

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