B.J. Ajit Kumar vs State of Karnataka

A.V. Chandrashekara, J.—Heard the learned Counsel for the petitioners and learned Government Pleader.

Petitioners are accused Nos. 1 and 2 in Crime No. 10/2016 on the file of the respondent - Police Station, a case registered by the respondent - Police for the offences punishable under Sections 323, 504, 506 r/w 34 of IPC and Section 3(1)(x) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act. Since they are apprehending the arrest at the hands of respondent - Police, anticipatory bail application is filed on their behalf under Section 438 of Cr.P.C.

Case on band relates to the alleged abuse stated to have been made by these petitioners with reference to the caste of the 1st informant, who is a member of Scheduled Caste. It is alleged that he was abused with reference to his caste since his sub-caste is ''Madiga''. The incident in question is stated to have been taken place on 12.01.2016 at about 11.30 a.m. at Shakthinagar, Jala Hobli, Bangalore, North Taluk when he was in Sy. Nos. 132/1 and 134/1 of Hosahalli Village.

Learned Government Pleader Mr. K. Nageshwarappa vehemently opposed the bail application on the ground that prima facie case is forthcoming in regard to the abuse stated to have been made by these petitioner with reference to the caste of first informant and the investigation is still in progress. Hence, he requests this Court to dismiss the bail application.

Heard the learned Senior Counsel Sri. Sajjan Poovayya and perused the records.

In order to know as to whether there exists a threshold bar under Section 18 of SC/ST (POA) Act, Court is expected to verify whether there is any delay in lodging the first information report to the Police and the first information report by the Police to the concerned Court.

The incident in question is stated to have been taken place at about 11.30 a.m. on 12.02.2016 in Shakthi Nagar, Jala Hobli, Bangalore, North Taluk. But the first information report was reported at 8.00 p.m. on 14.01.2016 and the same was not lodged before the jurisdictional Court immediately on receipt of the report. FIR was submitted on the next day i.e. on 15.01.2016 at about 2.40 p.m. as per the endorsement made on the FIR.

Perused the records. What is argued by the learned High Court Government Pleader before this Court is that, there is a specific reference about the abuse stated to have been made by these petitioners with reference to the caste of the first informant. Inordinate delay in filing the first information report to the Police and the first information report by the police to the Court will have to be taken into consideration for the limited purpose of disposing of the bail application and also to know whether the threshold bar found under Section 18 of the SC/ST (POA) Act, could be made applicable squarely. Whatever observations made by this Court is only for the limited purpose for considering the bail and this will not come in the way of learned Judge while disposing of the matter on merits.

Petitioners are a permanent residents of Bengaluru, have roots in the community. Petitioners have undertaken to abide by any conditions which may be imposed by this Court. Thus, the apprehension of the learned Government Pleader could be suitably addressed by imposing proper conditions.

Hence, following order is passed:

ORDER

(a) Bail application of the Petitioners is allowed. The Petitioners are ordered to be released on bail on executing a personal bond for a sum of Rs.75,000/- each with one surety each for the like-sum to the satisfaction of the concerned Court.

(b) Petitioners shall surrender before the Investigating Officer within 20 days from the date of this order.

(c) Petitioners shrill co-operate with the 1.0 in conducting further investigation.

(d) Petitioners shall not hold out threats to the prosecution witnesses in any manner and shall not involve in any criminal activities.

(c) Petitioners shall attend the Court on all the dates of hearing without fail.

(f) Petitioners shall attend the police station once in a week on every Sunday between 9.00 a.m. and 5.00 p.m. till the submission of the final report.

If the petitioners violate any one of the conditions, the prosecution is at liberty to seek for cancellation of bail.