Abdul Wajid vs State of Karnataka

A.V. Chandrashekara, J.—This petition is filed by the petitioner under Section 438 of Cr.P.C. seeking anticipatory bail in respect of Cr.No.292/14 registered by Narasimharaj Police Station, Mysore under Sections 3(1)(10) and 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short the ''Act'') and under Sections 504 and 506 of IPC.

Bail application filed by the petitioner before the learned VI Additional Sessions and Special Judge, Mysore has been rejected vide order dated 19-09-2014. Hence, petitioner is before this Court.

Perused the records.

Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondent.

Learned High Court Government Pleader has vehemently opposed the bail application on the ground that bail petition is not maintainable under Section 18 of the Act.

The first information report is lodged by one Revanna on 01-09-2014. The allegation made against this petitioner is that he removed the photograph of Dr. B.R. Ambedkar which was affixed in front of the gate of the complainant and abused him with vulgar language. It is true that there is use of vulgar language by this petitioner. But there is no reference of the caste of the first informant to which he belongs, in the FIR report. All other offences alleged are triable offences i.e., Sections 504 and 506 of IPC. Nothing comes in the way of this Court to know as to whether prima-facie case exists to invoke Section 438 of Cr.P.C. On reading of the entire contents of the FIR dated 01-09-2014, this Court is of the opinion that there is no threshold bar to consider the bail application. The petitioner has undertaken that he is ready to obey the conditions which may be imposed on him.

Whatever observation made by this Court is for the limited disposal of this case and shall not influence the learned Judge dealing with the matter on merits. Thus, the apprehension of the learned HCGP could be suitably met out by imposing suitable conditions.

Accordingly, petition is allowed and anticipatory bail is granted to the petitioner, subject to the following conditions:-

"(i) Petitioner shall be released on anticipatory bail in the event of his arrest in Cr.No.292/2014 by Narasimharaj Police Station, Mysore, on his executing a personal bond for a sum of Rs.50,000/- with one surety for the likesum to the satisfaction of the I.O.

(ii) Petitioner shall surrender before the jurisdictional police station on or before 30-11-2014, failing which the anticipatory bail granted by this Court would automatically stand cancelled. On such surrender, the I.O. may orally interrogate them. Soon after conducting interrogation, he shall release the petitioner on bail, immediately.

(iii) Petitioner shall not hold out threats to the prosecution witnesses or attempt to tamper them, in any manner.

(iv) Petitioner shall not involve himself in any criminal activities."