Karnataka High Court
Purushotham @ Vijay vs State By Hunsur Town Police Station on 1 March, 2014
Author: R.B Budihal
Bench: R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 01ST DAY OF MARCH, 2014
BEFORE
THE HON'BLE MR.JUSTICE.BUDIHAL R.B.
CRIMINAL PETITION NO: 155 OF 2014
BETWEEN:
PURUSHOTHAM @ VIJAY,
S/O KASHIYAPPA @ SANNEGOUDA,
AGE 25 YEARS,
R/O KLKUNIKE HUNSUR TOWN,
MYSORE DISTRICT - 571 105.
...PETITIONER
(BY SRI MURUGESH V.CHARATI, ADV.)
AND:
STATE BY HUNSUR TOWN POLICE
STATION, HUNSUR - 571 105,
MYSORE DISTRICT.
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE.
...RESPONDENT
(BY SRI K.NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C. BY THE ADVOCATE FOR THE PETITIONER
PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED
TO ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF
HIS ARREST IN CRIME NO.54/2013 OF HUNSUR TOWN
POLICE STATION, MYSORE, FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 144, 147, 148, 324,
504, 506 READ WITH SECTION 149 OF IPC AND SECTION
3(1)(10) OF SC/ST POA ACT.
2
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This is the petition filed by the petitioner / accused No.4 under Section 438 of Cr.P.C. seeking anticipatory bail to direct the respondent - police to release the petitioner in the event of his arrest for the alleged offences punishable under Sections 143, 144, 147, 148, 324, 504, 506 read with Section 149 of IPC and Section 3(1)(10) of SC / ST (Prevention of Atrocities) Act, 1989, registered in respondent - police station Crime No.54/2013.
2. Heard the learned counsel appearing for the petitioner / accused No.4 and also the learned High Court Government Pleader appearing for the respondent
- State.
3. Learned counsel for the petitioner during the course of his arguments submitted that the other 3 accused persons were granted bail by the order of Sessions Court. He made the submission that the petitioner is not at all involved in the commission of the alleged offences and he has been falsely implicated in the case. Hence, he submitted that by imposing reasonable conditions, petitioner may be admitted to bail.
3. As against this, learned HCGP during the course of his arguments submitted that there are recoveries from the accused persons and since it is the petition filed under Section 438 of Cr.P.C., there is a bar under Section 18 of the said Act and since the offences are also under Section 3(1)(10) of SC/ST (Prevention of Atrocities) Act, he submitted that petitioner is not entitled to be granted with anticipatory bail.
4. I have perused the averments made in the bail petition, FIR, complaint and other materials placed on record, so far as the bar under Section 18 of the SC/ST(Prevention of Atrocities)Act, perusing the 4 averments made in the complaint, which particular accused, out of 6, abused by taking the name of caste of complainant, is not specifically mentioned. It is a general and omnibus statement made by the complainant that accused persons abused him in filthy language by taking the name of caste, except this there are no other allegations against the complainant made in the complaint. Therefore, unless and until there is specific allegation against all the accused persons, the alleged offences under the said Section prima facie will not be attracted. Therefore, Section 18 of the said Act will not come in the way of entertaining the said petition. The alleged offences are all triable by the Magistrate Court, except the offence under the Provisions of SC/ST (Prevention of Atrocities) Act. The petitioner has contended in the bail petition that he is innocent and ready to abide by any conditions to be imposed by the Court. Regarding apprehension of his arrest at the hands of the respondent - police, petitioner has made out a case. To secure the presence of the 5 accused before the Investigating Officer, so also before the Trial Court, conditions can be imposed. Hence, petition is allowed. Respondent - police is directed to release the petitioner on bail in the event of his arrest for the alleged offences punishable under Sections 143, 144, 147, 148, 324, 504, 506 read with Section 149 of IPC and Section 3(1)(10) of SC / ST (Prevention of Atrocities) Act, 1989, registered in respondent - police station in Crime No.54/2013, subject to the following conditions:
i. Petitioner has to execute a personal bond for Rs.25,000/- and has to furnish one solvent surety for the likesum to the satisfaction of the concerned Court. ii. Petitioner shall not tamper with any of the prosecution witnesses, directly or indirectly.
iii. Petitioner has to make himself available before the Investigating Officer for interrogation, whenever called for. 6 iv. Petitioner has to appear before the concerned Court within 30 days from the date of copy of this order and to execute personal bond and surety bond.
Sd/-
JUDGE DR