Karnataka High Court
Manjunatha. C vs State Of Karnataka By on 26 September, 2019
Author: K.N.Phaneendra
Bench: K. N. Phaneendra
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MR.JUSTICE K. N. PHANEENDRA
CRL.P. NO.6378 OF 2019
BETWEEN
1. MANJUNATHA C
S/O CHALAPATHI
AGED ABOUT 27 YEARS
2. MANJUNATHA K.E
S/O YARAPPA
AGED ABOUT 29 YEARS
3. YARAPPA
S/O MUNIYAPPA
AGED ABOT 60 YEARS
4. CHALAPATHI
S/O VENKATESHAPPA
AGED ABOUT 46 YEARS
5. LAKSHMIDEVAMMA
W/O YARRAPPA
AGED ABOUT 50 YEARS
ALL ARE R/AT KAMANDAHALLI VILLAGE
VEMAGAL HOBLI, KYALANUR POST
KOLAR TALUK , PIN-563 101.
... PETITIONERS
(BY MISS. RAKSHA KEERTHANA K ., ADVOCATE FOR
SRI KEMPARAJU - ADVOCATE)
2
AND
1. STATE OF KARNATAKA BY
VEMAGAL POLICE STATION
KOLARA DISTRICT
REP. BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BANGALORE - 560 001.
2. SMT. BHARATHI
W/O RAMAPPA
AGED ABOUT 32 YEARS
R/AT KAMANDAHALLI VILLAGE
VEMAGAL HOBLI
KYALANUR POST
KOLAR TALUK - 563 101.
... RESPONDENTS
(BY SRI. HONNAPPA - HCGP)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 439 CR.P.C PRAYING TO ENLARGE THE
PETITIONERS ON BAIL IN THE EVENT OF THEIR ARREST
IN CR. NO.145/2019 REGISTERED BY VEMAGAL POLICE
STATION, KOLAR FOR THE OFFENCE P/U/Ss 143, 147,
323, 354, 504 AND 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 HCGP for the first Respondent -State. Perused the records.
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2. Learned HCGP submits that, though notice is served on the complainant-Smt. Bharathi, she remained absent.
3. Petitioners are arraigned as Accused Nos. 1 to 4 and 6 in Crime No. 145/2019 of Vemagal Police Station, Kolar Rural Circle, Kolar District, for the offence punishable under Sections 506, 504, 147, 149, 143, 323, and 354 of IPC and Section 3(1)(r)(s) of SC/ST (POA) Act, now pending on the file of Principal Civil Judge (Jr.Dn.) & JMFC, Kolar District.
5. The brief allegations are that, on 30.07.2019, the complainant-Bharathi, the resident of Kamandahalli Village in Kolar Taluk and District, along with one Padmamma had been to a gomal land in their village, to cut the broom sticks. At that time, all the accused persons formed themselves into an unlawful assembly and abused her in filthy language and tried to restrain them from doing that particular act. At that time, one of the panchayath member Narayanaswamy and other Forest Department people came to that spot 4 for the purpose of digging earth in the said land. The petitioners have abused her as a bitch and in filthy language and one Manjunath son of Yarappa and Manjunath son of Chalapathi also have caught hold her and tried to outrage her modesty.
6. All the petitioners approached the II Additional Sessions Judge, Kolar seeking Anticipatory Bail. Though common allegations have been made against all these accused, Accused No.5 was released on bail. There is absolutely no allegations that the petitioners used any abusive words referring to the caste of the victim.
7. Apart from the above, the learned counsel also brought to the notice of this Court that the complaint had been lodged against the complainant and others in Crime No.143/2019 against one Rajanna and 8 others, in which, the victims were shown as Krishnappa and Manjunath. Further added to that, though the incident had happened at about 11.00 a.m. on 30.07.2019 complaint was lodged on the next day at 5 11.00 a.m. ie, after lapse of more than 24 hours. In the absence of any abusive words being used on the spot, it is very difficult to hold whether the offence under Section 3(s)(r) under SC/ST (POA) Act are attracted or not.
8. From the records it is evident that, there is a complaint and counter complaint filed by two groups of people of the same village. Therefore, in my opinion, in this case the petitioners are entitled to be enlarged on bail. Except Section 354 of IPC, the other alleged offences are not serious offences, and the alleged offences are not punishable either with the sentence of death or life imprisonment.
9. In the facts and circumstances, these petitioners are also entitled to be enlarged on bail, on certain stringent conditions. Hence, the following,-
ORDER The petition is allowed. Consequently, the petitioners (A1 to 4 & 6) shall be released on bail in the event of their arrest in connection with Crime 6 No.145/2019 of Vemagal Police Station, Kolar District, on the following conditions:-
i) The petitioners shall surrender themselves before the concerned Investigating Officer within Ten days from the date of receipt of a certified copy of this order and they shall execute their respective personal bonds for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.
ii) The petitioners shall not indulge in hampering the investigation or tampering the prosecution witnesses.
iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer as and when called for.
iv) The petitioners shall not leave the jurisdiction of Kolar District without prior permission of the Court, till the charge sheet is filed or for a period of three months whichever is earlier.7
v) The petitioners shall mark their attendance once in a week ie, on every Sunday between 10.00 am and 5.00 pm., before the Investigating Officer for a period of two months or till the charge sheet is filed, whichever is earlier.
Sd/-
JUDGE KGR*