IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF APRIL, 2019
THE HON’BLE MR.JUSTICE B.A. PATIL
CRIMINAL PETITION NO.1559/2019
1. SMT. NETRA
AGED ABOUT 28 YEARS,
2. SRI MANJUNATHA
AGED ABOUT 31 YEARS,
BOTH ARE R/O NO.217, 5TH CROSS,
T.DASARAHALLI MAIN ROAD,
3. RANJINI @ RANJITHA K,
AGED ABOUT 24 YEARS,
S/O LATE KUNTAPPA,
AGED ABOUT 58 YEARS,
PETITIONERS NO.3 AND 4
ARE R/O YELPENAHALLI,
(BY SRI K R RAMESH, ADV.)
1. STATE OF KARNATAKA
BY WOMEN POLICE STATION,
TUMKUR TOWN SUB-DIVISION,
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
2. MALA G
AGED ABOUT 19 YEARS,
R/O 2ND CROSS,
(BY SMT. NAMITHA MAHESH B G, HCGP.)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONERS
ON BAIL IN THE EVENT OF THEIR ARREST IN CRIME
NO.10/2019 OF WOMEN P.S. TUMAKURU FOR THE
OFFENCE P/U/S 498A,323,342,504,506 R/W 34 OF SectionIPC
AND SECTION 3(1)(r)(s),AND 3(2)(va) OF SC/ST (POA) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
This petition has been taken out of turn at the
request of the learned counsel for the petitioners on the
ground that accused No.3/petitioner No.1 is having a
minor kids and there is a threat by the police and if she
is apprehended nobody will be there to look-after the
minor children. On the said submission, the above case
is taken out of turn.
2. The present petition has been filed by the
petitioners/accused Nos.3, 10, 2 and 5 under Section
438 of Criminal Procedure Code to release them on
anticipatory bail in the event of their arrest in Crime
No.10/2019 of Women Police Station, Tumkur Town,
Tumkur, for the offence punishable under Sections
3(1)(r), Section3(1)(s), Section3(2)(v-a) of SC and ST (Prevention of
Atrocities) Act, 1989 (SC-ST (POA) Act) read with
Sections 506, Section34, Section498-A, Section323, Section342 and Section504 of Indian
Penal Code (for short ‘SectionIPC’). Though notice is served to
the complainant, she has remained absent.
3. I have heard the learned counsel for
petitioners/accused and the learned High Court
Government Pleader for respondent-State.
4. Gist of the complaint is that complainant is
aged about 19 years. She has fallen in love with one
Manjunath. Accordingly, both got married in front of
Anjaneya temple at Kateramma temple on 18.01.2019
in the presence of friends and other relatives.
Thereafter, they went to the village nearby on
19.01.2019. They came to sister’s house of the
Manjunath on 21.01.2019 at Bengaluru she was
assaulted and the Manjunath was confined in a room
and she has been thrown out of the house saying that
she belongs to inter caste/scheduled caste and they
forced her to remove the Mangalya Suthra and snatched
her mobile phone and thereafter she has been left to
Tumkur at about 5:30 p.m. On the basis of the said
complaint, a case has been registered.
5. It is the submission of the learned counsel
for the petitioners/accused that the petitioners/accused
are innocent and they have been falsely implicated in
this case. He further submitted that absolutely there is
no material on record to substantiate the fact that the
petitioners/accused have committed the offence alleged
under the SC-ST (POA) Act. It is further submitted that
other offences alleged to have been committed under
SectionIPC are not punishable with death or imprisonment for
life. It is further submitted that the petitioners/accused
are ready to abide by any conditions that may be
imposed by this Court and ready to offer sureties. On
these grounds, he prays to allow the petition and to
release the petitioners/accused on anticipatory bail.
6. Per contra, the learned High Court
Government Pleader vehemently argued and submitted
that petitioners/accused have taken the name of the
caste and abused the complainant. She further
submitted that during the subsistence of the first
marriage the said Manjunath got married with the
complainant and thereby, he has committed an offence
punishable under Section 494 of IPC. She further
submitted that the petitioners/accused persons are
absconding and they are not available for investigation
or interrogation. If they are granted anticipatory bail,
they may not be available for enquiry/investigation. On
these grounds, she prays to dismiss the petition.
7. I have carefully and cautiously gone through
the submissions made by the learned counsels
appearing for the parties and perused the records.
8. As could be seen from the records and the
complaint though the case has been registered under
the Atrocities Act, the entire complaint if it is looked
into, the only allegation which has been made is that
the accused persons have stated that she belongs to
inter caste/scheduled caste and as such, she has been
ill treated, even as against the petitioners/accused, no
attribution has been made to show that they have taken
the name of the caste and abused the complainant.
Under the same circumstances, this court is empowered
to grant the anticipatory bail under Section 438 of
Criminal Procedure Code though there is bar under
Section 18(A) of the SC-ST (POA) Act as held in the
decision of the Hon’ble Apex Court in the case of Dr.
Subhash Kashinath Mahajan Vs. State of Maharasthra
and Another, reported in (2018) 6 SCC 454.
9. Be that as it may, the alleged offences are
not punishable with death or imprisonment for life.
Whether there is an offence alleged is committed or not
is a matter of trial which is considered by the trial court.
Under the said facts and circumstances, I feel that by
imposing some stringent conditions the
petitioners/accused Nos.3, 10, 2 and 5 may be ordered
to be released on anticipatory bail, to meet the ends of
justice. In that light, the petition is allowed and
petitioners/accused Nos.3, 10, 2 and 5 is ordered to be
released on anticipatory bail in Crime No.10/2019 of
Women Police Station, Tumkur Town, Tumkur, for the
offence punishable under Sections 3(1)(r), 3(1)(s), 3(2)(v-
a) of SC and ST (Prevention of Atrocities) Act, 1989 read
with Sections 506, Section34, Section498-A, Section323, Section342 and Section504 of IPC,
subject to the following conditions.
1. In the event of arrest, the Investigating
Officer is directed to enlarge the
petitioners/accused Nos.3, 10, 2 and 5 on
anticipatory bail on being executing a
personal bond for a sum of Rs.2,00,000/-
(Rupees Two Lakhs Only) each with two
sureties each for the likesum to the
satisfaction of the Investigating Officer.
2. They shall surrender before the
Investigating Officer within 15 days from
3. They shall not tamper with the prosecution
evidence either directly or indirectly.
4. They shall co-operate with the Investigating
5. They shall mark his attendance before the
Investigating Officer once in 15 days, till
the charge sheet is filed.
6. He shall not leave the jurisdiction of the
Court without prior permission.