Karnataka High Court
CRL.P/9788/2017 of MADHU Vs STATE BY SHO on 28 December 2017
HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO CRIMINAL PETITION No.9788/2017 BETWEEN MADHU S/O RAMANNA BALAJIGA AGED ABOUT 26 YEARS R/AT VILLAGE MUGALAMARI CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT KARNATAKA
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28tn DAY OF DECEMBER, 2017
BEFORE
THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO
CRIMINAL PETITION No.9788/2017
BEIWEEN
MADHU|
S/O RAMANNA BALAJIGA|AGED ABOUT 26 YEARS|R/AT VILLAGE MUGALAMARI CHINTAMANI TALUK.CHIKKABALLAPURA DISTRICT|
KARNATAKA - 562 101. ~
PETITIONER
(BY SRI SURESH S LOKRE, ADVOCATE)
AND
STATE BY SHO,CHINTAMANI TOWN POLICESTATION CHINTAMANL|CHIKKABALLAPUR DISTRICT - 562 101.
. RESPONDENT|
(BY SRI K NAGESHWARAPPA, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION438 OF CR.P.C PRAYING TO ENLARGE THE PETITIONER ON.BAIL IN THE EVENT OF HIS ARREST IN CR.NO.310/201/7OF CHINTAMANI TOWN P.S., CHIKKABALLAPURA DISTRICT|FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 143,147, 148, 323, 325, 504, 506 R/W 149 OF IPC AND.
SECTION 3(1)(X) OF SHEDULED CASTES AND SHEDULES|TRIBES (PREVENTION OF ATROCITIES) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERSTHIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed under Section 438 of Cr.P.C.praying to enlarge the petitioner on bail in the event of his)arrest in Cr.No.310/2017 of Chintamani Town PS.|Chickballapura District, for the offence punishable under|Sections 143,147,148,323,325,504,506 r/w 149 of IPCand Section 3(1)(x) of Scheduled Castes and Scheduled|Tribes (Prevention of Atrocities) Act.
2. Heard learned counsel for petitioner and learnedHCGP for respondent.
‘3.Tne complaint is lodged by complainant one A.Ramacnandrappa on 20-11-2017 at about 2.00p.m._against O08 accused persons, alleging atrocity by the)accused upon him on 19.11.2017 at 8.30 p.m. near tne.Government Hospital of Chintamani Town while he and his)
persons were returning, accused picked up quarrel forfixing Danners and committed rioting by holding deadly|weapons and etc. It is also alleged that petitioner and)otner accused threatened witn life and abused on caste ort Nayaka community of the complainant and hurt theirfeelings and thereby committed the aforesaid offences. A.case is registered against the petitioner and / others in)Cr.No.310/201/7 for the aforesaid offences.
4. Learned HCGP would oppose the grant of bail.
5. Considering the facts and circumstances’ of thecase, I am of the sincere view that, prima facie theprovisions of SC and ST (PREVENTION OF ATROCITIES)|Act, 1989 are not applicable and therefore, there is noimpediment to grant anticipatory bail to the petitioner by|imposing certain conditions.
6. Accordingly, the criminal petition is.allowed.
(I) The petitioner in tne event of nis arrest in)Cr.No.310/2017 of Chintamani Town Police shall be released on bail, subject to the petitioner executing apersonal bond for a sum of Rs.1,00,000/- with onesolvent surety for tne likesum.
(il) Tne.petitionerSnall|notterrorizethe.witnesses or tamper with the prosecution evidence.
(iil) The petitioner shall not leave Karnatakaborder without prior permission till the completion of |tne case.
(iv) Tne.petitioner-accusedSnall|marknis|attendance before the Investigating Officer of the.above case on first Saturday of each month till thedisposal of the case.
tsn*
Sd/-JUDGE.