Rita Reeni and Others vs State of Karnataka

A.V. Chandrashekara, J.—1. Petitioners herein have been shown as accused in the additional charge sheet filed by the respondent police relating to Crime No. 157/13. The said additional charge sheet is filed after conducting further investigation under Section 173(8), Cr.P.C. The offences alleged against all the petitioners relating to the above crime number are punishable under Sections 302, 201, 120B read with Section 149, I.P.C.

Initially charge sheet came to be filed against five accused persons and the said case is already committed to the sessions court. Out of them, two accused are absconding and three of them are in judicial custody. These petitioners are apprehending arrest at the hands of the respondent police relating to Crime No. 157/13 in the light of non-bailable warrant issued against them in C.C.27574/15. Hence separate bail applications are filed under Section 438, Cr.P.C.

Petitioner in Crl.P.220/16, Smt. Rita Reeni is stated to be an editor and publisher of a Kannada magazine called Janapara Mathu Kathe since 2005. This magazine is stated to be a progressive and secular magazine representing the needs of Catholic Christian community in India. It is being published since 1995. She is stated to have held a doctorate in English literature from Prescot University, Scotland, and she is engaged in journalism for quite a long time. She is stated to be a responsible and respectable journalist, and she is stated to have been falsely implicated as 11th accused for the above offences. She has undertaken to obey any condition which may be imposed on her. She has approached this court in the light of rejection of her application under Section 438, Cr.P.C. passed by the Principal Sessions Judge, Bengaluru, on 29.12.2015 passed in Crl.Misc. Nos. 7798 and 7837/15.

Fr. I. Anthappa is accused No. 9 in C.C.27574/15. It is alleged that persons inimical to him have implicated him in the charge sheet. He is stated to be a historian and an author having penned a number of books in his service. He is stated to have translated Bible into Kannada for Roman Catholic Christians in the state and has worked as principal in various schools run by and administered by Roman Catholic Church in and around Bengaluru. Recognizing his contribution to Kannada literature and development, the Government of Karnataka is stated to have honoured him with Rajyothsava award in the year 2012. He has undertaken to obey any condition that may be imposed upon him.

Apart from this, he is stated to be in advanced age with poor health. He is stated to be suffering from severe diabetes for several years and is hard of hearing. It is submitted that he has problem in communicating effectively and has illnesses relating to heart and his mobility is restricted. He is stated to be spending his retired life in the home for clergies.

Heard the learned counsel for the petitioners and learned SPP, Mr. Sadashiva Murthy.

Detailed objections have been filed in both the cases. According of the learned SPP, two accused are already absconding in respect of the earlier charge sheet filed against five persons and 3 accused are in judicial custody. According to him, both the petitioners herein had hatched a conspiracy with the main accused to eliminate Fr. K.J. Thomas, Rector of St. Peter''s Pontifical Seminary, Yeshwanthpur, Bengaluru. According to him, the written first information reveals that the Seminary is a training centre for Roman Catholic priests and first informant is said to be the procurator. Both himself and the deceased were living in adjoining rooms in the Seminary. It is stated that the first informant, along with the deceased and one Fr. G. Joseph had supper at 7.30 p.m. in the old building and they were in the said dining hall. Later on, all of them returned to their respective rooms.

At about 2.30 a.m. in the early morning, the first informant heard sound of persons moving outside his room and they attempted to break open his room. It was raining. He did not open the door. At 5.00 a.m., he noticed the damage caused to the door of his office room and found blood stains in front of the staff room. He also noticed the dead body of Rector K.J. Thomas lying ion a semi-nude condition with blood stains on the body, inside the staff room, and further noticed that the room of the deceased was ransacked. Thereafter he chose to lodge first information to the jurisdictional police, on the basis of which a criminal case came to be registered in Crime No. 157/13 for the above offences.

According to Mr. Sadashiva Murthy, initial investigation showed that accused Nos. 1 to 5 had participated in the murder of deceased Fr. Thomas and subsequent investigation discloses the plot hatched by these petitioners and others along with accused Nos. 1 to 5. According to the learned SPP, the materials collected during investigation disclose that accused Nos. 1 and 2 are members of Karnataka Kannada Christian Dharma Gurugala Balaga, of which 2nd accused is the joint secretary. Accused No. 1 is a permanent member of the said Balaga and accused No. 3 is a staunch and committed follower of the 1st accused. Accused Nos. 4 and 5 are close associates and followers of accused Nos. 1 and 2. It is submitted by him that investigation has revealed the role of these two petitioners in hatching the conspiracy with accused Nos. 1 to 5 and other accused taking Kannada language as only a ruse a reason to achieve their illegal goals. These petitioners and the other accused in the additional charge sheet are stated to be the mastermind behind accused Nos. 1 to 5.

According to Mr. Sadashiva Murthy, the agitators did not allow smooth functioning of the Seminary and started interfering with its day-to-day administration as instructed by then Archbishop. The then procurator (deceased) of the Seminary had filed a civil suit in O.S.5183/2000 against the 2nd accused-Fr. William Patrick, 7th accused-Fr. A. Thomas, Fr. Starry Baptist, Fr. C. Selvaraj (8th accused) shown in the additional charge sheet, etc. Filing of the said suit is stated to have caused resentment in the mind of the agitators against the deceased and all of them were threatening him. Deceased was afraid of these accused persons and their associate priests.

Learned counsel for the petitioner, Mr. B.T. Venkatesh has submitted that the allegation made against these petitioners is one of hatching conspiracy and the same will have to be established during trial. It is argued that the petitioner in Crl.P.221/16, Fr. Anthappa is in advanced age with serious ailments and is spending his retired life in the home earmarked for clergies at Bengaluru, and would undertake to obey any condition imposed by this court. According to B.T. Venkatesh, no prima facie case is made out either against Fr. Anthappa (petitioner in Crl.P.221/16) or Smt. Rita Reeni (petitioner in Crl.P.220/16). It is argued that Smt. Rita Reeni is a known journalist in Bengaluru and that she is a lady and hence entitled to be released.

Per contra, learned SPP, Mr. Sadashiva Murthy has vehemently argued that it is too premature to disbelieve the materials collected by the police which prima facie make out a case clearly evidencing the involvement of these petitioners in inciting several Kannada Christians against the Seminary in order to take control of the church and its properties. It is argued that propagation of Kannada in the church is only a ruse and the real motive is to take control of the properties, and in this regard these petitioners have had been in the forefront in one form or the other.

Learned SPP has relied on the statements of several material witnesses to impress upon the court about the role of these petitioners in inciting Kannada speaking people. He has relied on the statement of John Bosco recorded on 25.6.2014 to show that Antony Prasad was in the forefront of the agitation and Raphael Raj was also shouting slogans in the year 2013, stating that Goa OCB Fathers will have to be denounced. In the said meeting, Raphael Raj is stated to have addressed the gathering stating that they would hear upto one point and later would assault with clubs.

The statement of Dolphy D''cuna recorded on 30.6.2014 is relied upon to impress that Smt. Rita Reeni was shouting along with Antony Prasad in favour of propagating Kannada, proclaiming that the Archbishop was a Kannada hater and he is to be denounced. Several agitators were proclaiming the quotation from the Bible, stating that ''instead of allowing the entire nation to be destroyed, it would be better if one dies.'' It is submitted that two days after the said slogan was raised in the meeting, the Rector was murdered.

Reliance is further placed on the statement of most Rev. Joseph Pinto recorded on 4.7.2014 to impress that Fr. Anthappa is the brain behind all these agitations. The statement of Most Rev. Ignatius is as follows:

"I celebrated Christ mass. After the mass, when I came out of the Cathedral, Fr. A. Thomas (7th accused), Fr. C. Selvaraj (8th accused) and others tried to attack me and the police had protected me and I was taken in a police van from the Cathedral to Archbishop''s house. Fr. Anthappa is the brain behind all these allegations."

Even the statement of Fr. Chowry Moses recorded on 6.8.2004 discloses that Kannada Christians started agitations, dharnas and protests and even demanded that prayers in churches be held only in Kannada and no other language. According to him, Fr. Anthappa is the brain behind all the agitations and instigated his followers to commit violent acts. According to him, by their violent activities, they have caused severe unrest in the churches and Seminary. In the month of March 2013, deceased Fr. Thomas seemed to be very agitated and told him that he had received threats to vacate his post and leave the Seminary before June 2013 and he had expressed great danger to his life.

Further statement of Fr. Chowry Moses recorded on 15.5.2015 discloses that the circulars issued by the Archbishop was burnt and Raphael Raj spoke against the circular. Even the statement of Hrudayaraju recorded on 10.9.2014 discloses that 12th accused-Antony Prasad called him and others to Prakash Cafe and Fr. Anthappa, Chasara, Fr. William Patrick and Fr. Thomas were also present. They were all pursuing their activities. The statement of Anthony D''souza recorded on 10.9.2014 also corroborates his version.

The statement of Richard recorded on 14.9.2014 discloses that Raphael Raj and his followers had held dharna before St. Peter''s Seminary proclaiming that if the Seminary was not handed over by June 2013, there would be blood shed, and raised slogans against the Archbishop. He has also made reference about the role of Fr. Anthappa in instigating many people. Statement of Balraj recorded on 13.7.2014 discloses that it was Fr. Anthappa who was instigating Balraj and others to write slogans. The English translation of the said Kannada slogan is as follows:

"Konga Tamilians, go out of our state."

His statement further discloses that Chasra and all others who were present were telling that at any cost, the documents of the Seminary should be obtained from the Rector even if it were to be through violence.

The statement of Balraj is further recorded under Section 164, Cr.P.C. on 1.8.2015 and he has given details about the manner in which instigation was being done by these petitioners along with other accused to set up Kannada speaking Christians against Tamil speaking Christians and to take control of the Seminary and its properties. He has made reference to one Chinnaraju who is very close to a senior minister in the Government of Karnataka. Balaraj has stated on oath that Chinnaraju who is private secretary of a minister had even held out threats with dire consequences to his life. He has spoken about the active participation of Chinnaraju in the instigation and support given to various Kannada speaking Christians in this matter. The same is found in paragraph 3 of his statement recorded on 1.8.2015.

He has stated that Chinnaraju being the private secretary to a sitting minister in the present State Government, had even threatened him with dire consequences to his life. The statement is not one recorded under Section 161, Cr.P.C., but under Section 164, Cr.P.C.

Taking all these important statements of material witnesses into consideration and the background of the case, this is not a fit case to grant anticipatory bail at this stage, though investigation is completed.

But Fr. Anthappa is aged 86 years and is taking rest in a clergy home in Bengaluru. He has several ailments. His vision is impaired, hearing is impaired and mobility is restricted. Learned counsel for the petitioner has submitted that if the court were to permit, he would bring Fr. Anthappa to the court in a wheel chair since his mobility is restricted. The said submission is taken on record.

Taking into consideration the advanced age of the petitioner in Cr.P.221/06 and the serious ailments which the petitioners is suffering from, a lenient view is to be taken and bail is to be granted. It is made clear that bail is to be granted only on medical grounds and not on any other ground.

Insofar as the petitioner in Crl.P.220/16, Rita Reeni is concerned, it is too premature to disbelieve the material witnesses collected by the police. Taking into consideration the gravity of the offence and the circumstances under which the murder of an important functionary of a Seminary in Bengaluru took place, this is not a fit case to exercise the discretion vested under Section 438, Cr.P.C. Hence the petition filed by Rita Reeni- petitioner in Crl.P.220/16 is to be dismissed and accordingly is dismissed.

In the result, the following order is passed:

ORDER

"I) Crl.P.221/16 filed by Fr. Anthappa is allowed and anticipatory bail is granted to the petitioner, subject to the following conditions:

a) Petitioner shall surrender before the I.O. of the jurisdictional police station within twenty days from today, and in such event, he shall be released on bail on executing a personal bond in a sum of Rs. 2,00,000/- (rupees two lakhs only) with one surety for the like sum to the satisfaction of the trial court.

b) He shall not involve in criminal activity and shall make himself available before the IO if any further investigation is to be conducted, and shall attend the court on all the dates, except under unavoidable circumstances.

c) He shall not hold out threats to the prosecution witnesses or lure them in any manner.

d) If the petitioner violates any one of the conditions, the prosecution is at liberty to seek for cancellation of bail.

II) Crl.P.220/16 filed by Smt. Rita Reeni is dismissed."