SHIVANNA.C & ANR vs STATE OF KARNATAKA & ANR

This is the petition filed by the petitioners accused Nos.1 and 2 filed under Section 438 of Cr.P.C. seeking anticipatory bail to direct the

respondent Police to release the petitioners -accused on bail in the even to their arrest for the alleged offence punishable under Section 465, 468,

471, 420, 448 read with 34 of I.P.C. and under Section 3(1)(z) of SC/ST (Prevention of Atrocities) Act, 1989, registered in respondent Police

Station in Crime No.232/2017.

Heard the arguments of learned counsel appearing for the petitioners-accused Nos.1 and 2 and so also learned H.C.G.P who is also assisted by

respondent No.2-complianant who is also present before the Court.

I have perused the grounds urged in the bail petition, F.I.R., complaint and other materials produced in the case.

Since the petition filed under Section 438 of Cr.P.C. seeking anticipatory bail and in view of section 18 of SC/ST (Prevention of atrocities) Act

Court has to examine the complaint and other materials to know whether the offence under the provisions of the SC/ST (Prevention of atrocities)

Act can be made out prima facie at this stage. In this regard, I have carefully examined the contention of the complainant the respondent No.2

herein is the complainant in the case. Perusing the said complaint there is no mention that he belongs to SC/ST and even there is no mention that

what are the abusive words used by the petitioners herein and at what place. The only allegation made in the complaint the illegal action of the

outsiders who are residents of the police quarters and who are habitually entering our premises in our abscene whenever we go out of station and

harassing the Senior Citizens by taking law into their hands and creating nuisance in the compound and creating terror in the peace loving residents

of the compound and area in Chamarajapete. Looking into these allegations they are bald and vague allegations made in the complaint. Unless and

until there are specific allegation made to attract alleged offence under the provision of SC/ST (Prevention of atrocities) Act. Only on the basis of

such bald and vague allegation it cannot be said that prima facie the alleged offence under provision of SC/ST (Prevention of atrocities) Act is also

said to be attracted in the case.

However, learned H.C.G.P. while arguing the case submits that the wife of respondent No.2 belongs to S.C. Even after it is so, there is no

allegations made in the complaint that the petitioners herein used any such abusive words towards the wife of the respondent No.2 and thereby

committed any offence under the provision of SC/ST (Prevention of atrocities) Act. Therefore, I am of the opinion that section 18 of the said Act

cannot be a bar to entertain the petition. Even with regard to I.P.C offences general allegations made against the petitioners herein in the complaint.

The petitioners-accused deny the allegations made against them and they contend that they are falsely implicated in the said case and they are

ready to abide by any conditions to be imposed by this Court. Except the alleged offence under the provision of SC/ST (Prevention of atrocities)

Act all other offence of I.P.C are triable by the Magistrate Court and they are exclusively punishable with death or imprisonment for life. Therefore

considering these materials placed on record, I am of the opinion that it is a fit case to exercise the discretion in favour of the petitioners.

Hence, petition is allowed. The respondent- Police is directed to enlarge the present petitionersaccused Nos.1 & 2 on bail in the event of their

arrest in connection with Crime No. 232/2017 registered for the above said offences, subject to the following conditions:

i. Petitioners shall execute a personal bond for Rs.50,000/- each and shall furnish one surety each for the likesum to the satisfaction of the arresting

authority.

ii. Petitioners shall not tamper with any of the prosecution witnesses, directly or indirectly.

iii. Petitioners have to make themselves available before the Investigating Officer for interrogation, as and when called for and to cooperate with the

further investigation.

iv. The petitioners have to appear before the concerned Court within 30 days from the date of this order and to execute the personal bond and the

surety bond.