Karnataka High Court
Smt. N. Arundathi vs State By Yeswanthpur Police on 16 August, 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16 T H DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR
CRIMINAL APPEAL NO.1212 OF 2022
BETWEEN:
1. Smt. N. Arundathi
D/o M. Narayanappa
Aged about 52 years
2. Smt. N. Bharathi
D/o M. Narayanappa
Aged about 57 years
Both are residing at
No.05, 154 t h Cross
Sub ed ar Palya
Yeshwanthp ura
Bang alore-560022.
Both are residing at
No.205C/18, 14 t h Main
Sub ramanyanag ar
Beng aluru City-562021.
...Appellants
(By Sri S. Doreraju, Advocate)
AND:
1. State by Yeswanthpur Police
Beng aluru City
Represented by
State Pub lic Prosecutor
Hig h Court of Karnataka
Hig h Court Build ing
Bang alore-560001.
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2. Sri S.V. Lakshmikantha
S/o Late Venkataramu
Aged 48 years
3. Smt. Girijamma @ Girija
W/o Lakshmikantha
Aged about 38 years
Both are residing at
No.2/5 (Old No.15)
4 t h A Cross, Sub edarap alya
Yeshwanthap ura
Beng aluru-560022
...Respondents
(By Sri K. Rahul Rai,HCGP for R1;
R2 and R3 Served-unrepresented)
This Criminal Ap peal is filed und er Section 14(A)
(2) of SC/ST (POA) act 2015, praying to set aside
order p assed by the learned Sessions Judge in
Crl.Misc. No.5455/2022 (CCH-71), Bang alore, dated
17.06.2022 for the offences punishab le under section
3(1)(r) of SC/ST(POA) act of Yeshwanthapur police
station in CR.No.170/2022.
This Criminal Appeal coming on for admission
this d ay, the Court d elivered the following:
JUDGMENT
Heard Sri S.Doreraju, learned counsel for the appellants and the learned High Court Government Pleader for respondent No.1-State. Respondents 2 :: 3 ::
and 3 have been served with notice, but they have not appeared before the Court.
2. This appeal is filed under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act ('SC/ST Act' for short), challenging the order dated 17.06.2022, rejecting the appellants' application for anticipatory bail filed under Section 438 of Cr.P.C., for the offence punishable under Section 506 of IPC and Section 3(1)(r) of the SC/ST Act registered in Crime No.170/2022.
3. The respondents 2 and 3 approached the Special Court with a complaint under Section 200 of Cr.P.C., on 14.03.2022. The Special Court referred the complaint to investigation under Section 156(3) of Cr.P.C., and thereby the FIR was registered on 27.05.2022.
4. If the entire complaint and FIR are perused, it becomes clear that the appellants and :: 4 ::
the respondents 2 and 3 are neighbors and that a quarrel might have taken place between them. The specific allegation is that on 20.06.2021, when the mother of the second respondent was standing in front of her house, the appellants threw garbage in front of the house of respondents 2 and 3 and when the mother of second respondent questioned, there took place a quarrel and at that time it is stated that the appellants took the name of their caste and abused them.
5. Though there is an allegation that the appellants took the name of the caste, it is to be mentioned here that in connection with the incident that is said to have taken place on 20.06.2021, private complaint was lodged on 14.03.2022.
6. It is stated in para 5 of the complaint that respondents 2 and 3 approached the police, but the police refused to receive the complaint.
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On 29.06.2021, they approached the Commissioner of Police, but he also refused to receive the complaint. It is not understandable as to why they waited till 14.03.2022 to approach the court with a private complaint, when the Commissioner of Police refused to receive the complaint on 29.06.2021,. Delay certainly matters. Moreover the appellants and respondents 2 and 3 are neighbors. They have been residing in the same locality for quite a long time. Therefore the allegation concerning the caste of respondents 2 and 3 is a matter of investigation. The appellants' counsel has also filed a photo which shows that in connection with a gathering, the respondents 2 and 3 and the appellants are seen together. Therefore the allegation of abusing respondents 2 and 3 and their mother taking the name of their caste is to be proved before the court. Prima-facie materials for invoking bar under Section 18 of the Act is not forthcoming.
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The court below could have granted anticipatory bail to the appellants in these circumstances. Therefore appeal deserves to be allowed. Hence the following:
ORDER Appeal is allowed .
The ord er d ated 17.06.2022 p assed in Crl.Misc.5455/2022 by the LXX Additional City Civil and Sessions Judge and Special Judge, Bengaluru, is set aside.
In the event of arrest of the app ellants by the respond ent police in connection with Crime No.170/2022, they shall be released on bail subject to each of them executing a bond for Rs.1,00,000/- (One Lakh only) and providing two sureties for the likesum to the satisfaction of the investigating officer. The app ellants are also subjected to following conditions:-
(i) They shall co-operate with the investigating officer for completing the investigation.
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(ii) They shall attend the police station whenever their presence is necessary for the purpose of investigation.
(iii) They shall not threaten the witnesses and tamp er with evid ence.
(iv) They shall mark their attendance before the jurisdictional police station once in a fortnight p referably on a Sund ay between 9.00 am and 12.00 noon, till completion of the investigation.
Sd/-
JUDGE Kmv/-