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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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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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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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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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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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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 2023Rs.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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months or till filling the final report,
whichever is earlier.
Sd/-
JUDGE
DSP
List No.: 1 Sl No.: 12
CT:SNN