Karnataka High Court
M N Murugesh vs State By Rural Police on 3 November, 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3rd DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR.JUSTICE B.A.PATIL
CRIMINAL PETITION NO.5081/2020
BETWEEN :
1. M.N.Murugesh
S/o M.Nagaraja
Aged about 23 years
2. M.C.Sachin
S/o M.Chandrashekhar
Aged abut 20 years
Student.
Both are residents of
Medehally Village
Megalahally Post
Chitradurga Taluk
Chitradurga District-577 502.
... Petitioners
(By Sri Muzaffar Ahmed, Advocate)
AND :
State by
Rural Police Station, Chitradurga,
Represented by State Public Prosecutor
High Court Building
Bengaluru-560 001.
... Respondent
(By Sri Mahesh Shetty, HCGP)
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This Criminal Petition is filed under Section 438 of
Cr.P.C praying to enlarge the petitioners on bail in the
event of their arrest in Crime No.243/2020 of
Chitradurga Rural Police Station, Chitradurga, for the
offences punishable under Sections 504, 324, 323, 506
r/w. Section 34 of IPC and Section 3(1)(r), 3(1)(s) of
SC/ST (Prevention of Atrocities) Act.
This Criminal Petition coming on for orders
'through video conference' this day, the Court made
the following:-
ORDER
The present petition is filed by accused Nos.1 and 2 under Section 438 of Cr.P.C. for grant of anticipatory bail in Crime No.243/2020 of Chitradurga Rural Police Station for the offences punishable under Sections 504, 324, 323, 506 r/w. Section 34 of IPC and Sections 3(1)(r), 3(1)(s) of SC & ST (Prevention of Atrocities) Act ('Act' for short).
2. I have heard Sri Muzaffar Ahmed, learned counsel for the petitioners-accused Nos.1 and 2 virtually and Sri Mahesh Shetty, the learned HCGP for respondent No.1-State. Though respondent No.2-complainant is served, he has remained unrepresented. -3-
3. The gist of the complaint is that 25.7.2020 at about 9.00 p.m., the complainant along with one Anjinappa and Madhusudhan were in conversation in Galaxy Layout. At that time Madhusudhan by taking his mobile found that there was a missed call from an unknown number. He called back the said number putting loud speaker on and enquired the person who gave a missed call. The person on the other side, used filthy language, abused and threatened him about his location. Immediately, he informed that they were in Galaxy Layout and requested them to report their problem by meeting them. Accordingly at about 10.00 p.m., the petitioners-accused Nos.1 and 2 along with other accused persons came and suddenly assaulted the victim with coconut club and while enquiring with the accused they abused by taking the name of the caste. They again assaulted the complainant and threatened with his life. On the basis of the complaint, a case has been registered.
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4. It is the submission of the learned counsel for the petitioners-accused Nos.1 and 2 that the contents of the complaint clearly go to show that the petitioners have been called by the complainant himself. Petitioners were not knowing the address and identification of the complainant. It is his further submission that the provisions of the Act are not applicable as under Section 3 of the Act, the alleged crime is not coming within the purview of the public view. It is his further submission that the public were not present when the alleged incident has taken place. The alleged offences are not punishable with death or imprisonment for life and only with an intention to harass the petitioners, a false complaint has been filed. It is his further submission that the petitioners are ready to abide by the conditions imposed by this Court and ready to offer sureties. On these grounds, he prayed to allow the petition.
5. Per contra, the learned HCGP has vehemently argued and submitted that the petitioners-accused Nos.1 -5- and 2 have abused by taking the name of the caste of the complainant. There is a bar under the provisions of Sections 18 and 18A of the Act to grant anticipatory bail to the petitioners and therefore the petitioners are not entitled to be released on anticipatory bail. It is his further submission that the petitioners-accused have threatened the life of the complainant. On these grounds, he prayed to dismiss the petition.
6. I have carefully and cautiously gone through the submissions made by the learned counsel for the parties and perused the records.
7. As could be seen from the contents of the complaint, it discloses that Madhusudhan has have received a missed call from unknown number and when the said number is called back some conversation took place between them and thereafter it is alleged that the accused persons have come near the house of the complainant and galata took place, that is a matter which has to be considered and appreciated during the course -6- of trial. Even the allegations which have been made are omnibus allegations and no specific overt acts are alleged as to who exactly uttered the words by taking the name of the caste. In that light, I am of the considered opinion that by imposing some stringent conditions, if the petitioners-accused Nos.1 and 2 are released on anticipatory bail, it would meet the ends of justice.
Accordingly, the petition is allowed and the petitioners-accused Nos.1 and 2 are granted anticipatory bail. In the event of their arrest in Crime No.243/2020 of Chitradurga Rural Police Station for the offences punishable under Sections 504, 324, 323, 506 r/w. Section 34 of IPC and Sections 3(1)(r), 3(1)(s) of SC & ST (Prevention of Atrocities) Act, the petitioner herein is ordered to be released, subject to the following conditions:-
i) Each of the petitioners-accused Nos.1 and 2
shall execute personal bond for Rs.2,00,000/- (Rupees two lakhs only) with two sureties for -7- the like sum to the satisfaction of the Investigating Officer.
ii) They shall surrender before the Investigating Officer within twenty days from today, failing which this order shall automatically be cancelled.
iii) They shall co-operate with the Investigation as and when required.
iv) They shall not tamper with the prosecution evidence in any manner.
v) They shall not leave the jurisdiction of the trial Court without prior permission.
vi) They shall not indulge in similar type of criminal activities in future.
vii) If they violate any one of the conditions, the bail is liable to be cancelled.
Sd/-
JUDGE *ck/-