Karnataka High Court
CRL.P/9520/2017 of ASHWATH NARAYAN Vs STATE OF KARNATAKA on 28 December 2017
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.9520/2017 BETWEEN 1. ASHWATH NARAYAN S/O APPAYANNA AGED ABOUT 54 YEARS 2. RAMESH S/O APPAYANNA AGED ABOUT 49 YEARS 3. SACHIN S/O ASHWATHAPPA AGED
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28[TH]DAY OF DECEMBER, 2017.
BEFORE.
THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO
CRIMINAL PETITION No.9520/2017
BEIWEEN
1.ASHWATH NARAYANS/O APPAYANNA.AGED ABOUT 54 YEARS.S/O APPAYANNA.AGED ABOUT 54 YEARS.
2.RAMESH
S/O APPAYANNA.AGED ABOUT 49 YEARS.AGED ABOUT 49 YEARS.
3.SACHIN|S/O ASHWATHAPPA.AGED ABOUT 25 YEARS.S/O ASHWATHAPPA.AGED ABOUT 25 YEARS.
4NAVEENS/O ASHWATHAPPA.AGED ABOUT 31 YEARS.S/O ASHWATHAPPA.AGED ABOUT 31 YEARS.
5.VISHAL S/O RAMESHAGED ABOUT 21 YEARS.ALL ARE RESIDING AT;R/AT No.113, VIJAYA BANK ROADVIDHYANAGAR CROSSBENGALURU NORTH TALUK|BENGALURU - 562 15/7.AGED ABOUT 21 YEARS.ALL ARE RESIDING AT;R/AT No.113, VIJAYA BANK ROADVIDHYANAGAR CROSSBENGALURU NORTH TALUK|BENGALURU - 562 15/7.
PETITIONERS
(BY SRI MANU N P, ADVOCATE FOR|SRI R SRINIVAS, ADVOCATE)SRI R SRINIVAS, ADVOCATE)
?
AND
STATE OF KARNATAKABY CHIKKAJALA PS(REP. BY STATE PUBLICPROSECUTOR HIGH |COURT COMPLEX)BENGALURU - 560 OO1.
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 THEIR ARREST IN CR.No.122/201/7OF CHIKKAJALA P.S., BENGALURU FOR THE OFFENCE|PUNISHABLE UNDER SECTIONS 323, 504, 506 R/W 149°OF IPC AND SECTIONS 3(1)(10), 3(2)(5) OF SCHEDULED|CASTES AND THE SCHEDULED TRIBES (PREVENTION OF)ATROCITIES) ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERSTHIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Heard the learned counsel for the petitioners and learned HCGP for respondent.
2. This Criminal Petition is filed under Section|
438 of Code of Criminal Procedure by the petitioners seeking grant of anticipatory bail in the event of theirarrest in Cr.No.122/2017 registered by the ChikkajalaPolice Station, Bengaluru, for the offences punishableUnder Sections323, 504,506 read with section 149.of IPC and Sections 3(1) (10), 3(2)(5) of|ScneduledCastesand|ScneduledTripes.(Prevention of Atrocities) Act.
‘3.The substance of the complaint is, on.7.11.2017 at about 11-10 a.m., before thecomplainant came to the site, the lorry persons|nad dumped the stones in the road and while the.complainant was removing the stones by the|nelpers, at that time, the accused persons cameand abused him in the name of caste andsassaulted him and put life threats to him on the|subject of stocking construction materials and|blocking road and a case is registered py the|
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respondent-Police against the petitioners for the|aforesaid offences in Crime No.122/2017 by'respondent-Police.
4. Learned counsel! for the petitioners would.submit that petitioners have not committed any|offences as alleged and they are ready and willing to abide by the conditions that may be Imposed|by this Court.
5. Learned HCGP would oppose the grant ofDail to the petitioners. —
6. In the context of circumstances and ongoing through the complaint, I find prima facie the|provisions of Scheduled Castes and Scheduled|Tribes (Prevention of Atrocities) Act, 1989 are not|applicable to the case on hand. Thus, in the case,if theanticipatoryDallIsgrantedCOthe.
petitioners, no prejudice will be caused to the|prosecution or to the ends ofjustice.
7. Therefore, the criminal petition is allowed.subject to the following conditions;
(i) The petitioners in the event of theirarrest in Cr.No.122/2017 of Chikkajala_ PoliceStation shall be released on bail, subject to thepetitioners on executing personal bond for a)sum of Rs.1,00,000/- each with one solventsurety for the likesum.
(ii) The petitioners shall not terrorize thewitnessesOFtamperWItntne|prosecutionevidence. |
iil)Tnepetitioners|SnallNotjieaveKarnataka border without the permission of theCourt.
396H
+B,The’ petitioners shall mark their
attendance before the Investigating Officer ofthe above case on first Saturday of each month.
till the disposal of the case.
(v) In case any criminal case is registeredagainst the petitioners, the benefit of granting.anticipatory bail under this bail stands cancelledand tne petitioners remain liable for re-arrest. |
Sd/-|JUDGE