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Smt Netra vs State Of Karnataka on 23 April, 2019

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR.JUSTICE B.A. PATIL

CRIMINAL PETITION NO.1559/2019

BETWEEN

1. SMT. NETRA
W/O MANJUNATHA,
AGED ABOUT 28 YEARS,

2. SRI MANJUNATHA
S/O ERANNA,
AGED ABOUT 31 YEARS,

BOTH ARE R/O NO.217, 5TH CROSS,
T.DASARAHALLI MAIN ROAD,
MALLASANDRA, BENGALURU-560057.

3. RANJINI @ RANJITHA K,
D/O KRISHNAPPA,
AGED ABOUT 24 YEARS,

4. KRISHNAPPA
S/O LATE KUNTAPPA,
AGED ABOUT 58 YEARS,

PETITIONERS NO.3 AND 4
ARE R/O YELPENAHALLI,
HULIKUNTE HOBLI,
SIRA TALUK,
TUMKUR DISTRICT-572113.
… PETITIONERS

(BY SRI K R RAMESH, ADV.)
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AND

1. STATE OF KARNATAKA
BY WOMEN POLICE STATION,
TUMKUR TOWN SUB-DIVISION,
TUMKUR-572101
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU-560001.

2. MALA G
D/O GANGADHARA,
AGED ABOUT 19 YEARS,
R/O 2ND CROSS,
UPPARAHALLI,
TUMKUR TOWN-572102.
… RESPONDENTS

(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:

ORDER

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
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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-

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
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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
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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.
-7-

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
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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.

ORDER

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
today.

3. They shall not tamper with the prosecution
evidence either directly or indirectly.
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4. They shall co-operate with the Investigating
Officer.

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.

Sd/-

JUDGE
Chs*
CT:HR

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