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Judgments of Supreme Court of India and High Courts

Akhila vs State Of Karnataka on 22 September, 2023

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NC: 2023:KHC:34421
CRL.A No. 1550 of 2023

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22ND DAY OF SEPTEMBER, 2023

BEFORE
THE HON’BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1550 OF 2023
BETWEEN:

1. AKHILA,
W/O RAJU,
AGED ABOUT 46 YEARS,
R/AT ANNURU,
BHARATHINAGARA,
MADDURU TALUK,
MANDYA DISTRICT – 571 422.

2. RAJU,
S/O KARUPUSWAMY,
AGED ABOUT 53 YEARS.
R/AT ANNURU,
C A KERE HOBLI,
BHARATHI NAGARA,
MADDURU TALUK,
MANDYA DISTRICT – 571 422.
Digitally signed by
LAKSHMINARAYANA 3. RAVEENA A.R.,
MURTHY RAJASHRI
Location: HIGH W/O CHIRANJEEVI,
COURT OF
KARNATAKA AGED ABOUT 29 YEARS,
R/AT KEMPAIAHAN HATTI,
DODDALATHUR,
CHAMARAJNAGARA – 571 444.
…APPELLANTS

(BY SRI. G.A. PREMA KUMAR, ADVOCATE)
AND:

1. STATE OF KARNATAKA,
BY K.M. DODDI POLICE,
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NC: 2023:KHC:34421
CRL.A No. 1550 of 2023

REP BY SPP,
HIGH COURT BUILDING.
BANGALORE – 560 001.

2. SMT. HARSHITHA,
AGED ABOUT 22 YEARS,
W/O ASHOK KUMAR,
K.M. DODDI,
MADDURU TALUK,
MANDYA – 571 422.
…RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1;
R2 SERVED AND UNREPRESENTED)

THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 PRAYING TO SET ASIDE THE ORDER DATED
01.08.2023 IN CRL.MISC.NO.615/2023 PASSED BY THE V
ADDITIONAL DISTRICT AND SESSIONS JUDGE AT MANDYA
AND ETC.,

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

JUDGMENT

This appeal is filed by appellants/accused Nos. 2 to 4

praying to set aside the order dated 01.08.2023 passed in

Criminal Miscellaneous No.615/2023 by the V Additional

District and Sessions Judge, Mandya, whereunder the

anticipatory bail petition of appellants/accused Nos.2 to 4

sought in respect of crime No.108/2023 of K.M.Doddi

Police Station registered for the offences punishable under
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NC: 2023:KHC:34421
CRL.A No. 1550 of 2023

Section 498A, 504, 323, 506, 316, 341 r/w 34 of Indian

Penal Code and Section 3(1)(r)(s)(w) and 3(2)(Va) of the

Scheduled Caste and Scheduled Tribe (Prevention of

Atrocities) Act, 1989 (for short “the Act”) came to be

rejected.

2. Heard learned counsel for the appellants and

learned High Court Government Pleader for respondent

No.1/State. In spite of service of notice, respondent

No.2/Complaiant remained absent and unrepresented.

3. It is the case of the prosecution that,

respondent No.2 has filed a complaint stating that her

marriage with accused No.1 was love marriage which took

on 19.12.2021 and it was inter caste marriage and parents

and sister of accused No.1 opposed the said marriage and

therefore, she was residing along with her

husband/accused No.1 in Bangalore. She further stated in

the complaint that appellants were in-laws and sister-in-

law of the complainant and use to abuse her taking her

caste. She further stated that the accused No.4 gave her
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CRL.A No. 1550 of 2023

a glass of water which was mixed with some juice and all

accused Nos.1 to 4 made her to drink it and same lead to

her abortion. It is further stated that appellants/accused

Nos.2 to 4 asked her to bring dowry of Rs.5,00,000/- from

her mother and sent her to her mother’s house. In that

regard her mother has filed a complaint. On 04.07.2023

at about 5.30P.M when aunt of the complainant was taking

the complainant to her house from K.M.Doddi bus stand,

at that time appellants/accused Nos.1 to 3 followed them

and restrained them and asked them to take back

complaint and gave her left threat and abused her taking

her caste. When she went to the Police Station,

appellants/accused Nos. 2 and 3 told police that they will

settle the matter and they will take back daughter-in-law.

On the next day i.e., on 05.07.2023 at about 4.00P.M. her

husband/accused No.1 near her mother’s house told her

that he will not take her back and he will kill her and also

her mother and attempted to kill with knife and she run

inside the house and at that time her husband/accused

No.1 give her life threat. The said complaint came to be
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CRL.A No. 1550 of 2023

registered in Cr.No.108/2023 of K.M.Doddi Police Station

for the aforesaid offences. Appellants who are arrayed as

accused Nos.2 to 4 in the F.I.R apprehending their arrest

filed petition seeking anticipatory bail and same came to

be rejected by the impugned order which is challenged in

this appeal.

4. The learned counsel for the appellants would

contend that the marriage of respondent No.2 with

accused No.1 was love marriage and they are residing

happily in Bangalore and out of marriage respondent No.2

gave birth to a child and therefore, there is no question of

any harassment on the ground of the caste of respondent

No.2. There is no specific overtacts alleged against each

of appellants/accused Nos. 2 to 4 in the averments of the

complaint and offence under Section 3 of the Act is not

attracted and the Court can entertain petition under

Section 438 of Cr.P.C. Without considering all these

aspects the learned Sessions Judge has passed the

impugned order which requires interference by this Court.
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CRL.A No. 1550 of 2023

Hence, he prays to allow the appeal and grant anticipatory

bail to the appellants/accused Nos.2 to 4.

5. Per contra, learned High Court Government

Pleader would contend that specific overtacts are alleged

against these appellants/accused Nos. 2 to 4 in the

complaint. The alleged incident has been witnessed by

aunt of the complainant. There is attempt to kill

respondent No.2 by her husband/accused No.1 with knife

and same has been seized under mahazar. The statement

of the victim girl has been recorded under Section 164 of

Cr.P.C. There is bar under Section 18 of the Scheduled

Caste and Scheduled Tribe (Prevention of Atrocities) Act,

1989, to entrain the petition under Section 438 of Cr.P.C.

Considering the same the Special Court rightly rejected

their anticipatory bail petition. Hence, he prays for

dismissal of the appeal.

6. Having heard learned counsel for the appellants

and learned High Court Government Pleader, this Court
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CRL.A No. 1550 of 2023

gone through the averments of the complaint and the

impugned order.

7. As per the averments of the complaint, the

complainant belongs to Schedule Tribe and her marriage

with accused No.1 was love marriage which was took place

on 19.12.2021 and out of their marriage she gave birth to

a child. The complainant and her husband/accused No.1

were residing in Bangalore and these appellants were

residing in Madduru Taluk. The appellants are in-laws and

sister-in-law of the complainant. It is allegation in the

complaint that all appellants are harassed her as she

belongs to Schedule Tribe. There are no specific overtacts

against each of appellants/accused Nos. 2 to 4 of abusing

the complainant taking her caste. At this stage it cannot

be said that all appellants at the same time abused the

complaint with a same words. Therefore, at this stage it

cannot be said that there is prima facie case against

appellants/accused Nos. 2 to 4 for offences under Section

3 of the Scheduled Caste and Scheduled Tribe (Prevention
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CRL.A No. 1550 of 2023

of Atrocities) Act, 1989. Therefore bar under Section 18 of

the Act is not attracted. Appellants have undertaken to co-

operate with Police in the investigation. Without

considering all these aspects, the learned Sessions Judge

has passed the impugned order which requires

interference by this Court. In the result the following;

ORDER

The appeal is allowed.

The impugned order dated 01.08.2023 passed

in Criminal Miscellaneous No. No.615/2023 by the V

Additional District and Sessions Judge, Mandya, is set

aside. The anticipatory bail petition of appellants

stands allowed. Appellants/accused Nos.2 to 4 are

ordered to be released on bail in the event of their

arrest in Crime No.108/2023 of K.M.Doddi Police

Station, subject to the following conditions;

a. The appellants/accused Nos.2 to 4 shall
execute a personal bond for a sum of
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CRL.A No. 1550 of 2023

Rs.1,00,000/- (Rupees One Lakh only)
each with one surety for the likesum to
the satisfaction of the Investigation
Officer.

b. The appellants/accused Nos.2 to 4 shall
voluntarily appear before the Investigation
Officer within 15 days from the date of
receipt of certified copy of this order and
execute bail bonds and furnish surety.

c. The appellants/accused Nos.2 to 4 shall
cooperate with the Police in the
investigation.

d. The appellants/accused Nos.2 to 4 shall
not make any inducement, threat or
promise to any person acquainted with the
facts of case so as to dissuade him from
disclosing such facts to the Court or to any
Police Officer.

e. The appellants/accused Nos.2 to 4 shall
mark their presence in the jurisdictional
Police Station on every Sunday between
10.00a.m to 2.00p.m for a period of 02

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NC: 2023:KHC:34421
CRL.A No. 1550 of 2023

months or till filling the final report,
whichever is earlier.

Sd/-

JUDGE

DSP
List No.: 1 Sl No.: 12
CT:SNN

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