Karnataka High Court
CRL.P/7822/2014 of SRI. MADHUSUDHAN Vs THE STATE OF KARNATAKA on 30 December 2014
HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF DECEMBER 2014 BEFORE THE HON’BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION No.7822/2014 BETWEEN: 1. Sri. Madhusudhan S/o Thimmappa Aged about 26 years 2. Sri. Manjunatha S/o Munibyrappa Aged about 32 years 3. Sri. Gopal Gowda
IN THB HIGH COURT OF KARNATAKA AT BENGALURU
DATEKED THIS THE [th]DAY OF DECEMBER 2014
BEFORE|
THE HON’BLE MRS. JUSTICE RATHNAKALA
CRIMINAL PETITION No.7822 /201
BBRTWEE°
1. Sri. Madhusudhan9/o Thimmappa_Aged about 26 years|9/o Thimmappa_Aged about 26 years|
2. sri. ManjunathaS/o Munibyrappa.Aged about 32 years|S/o Munibyrappa.Aged about 32 years|
3. Sri. Gopal GowdaVenkataramana Gowda.Aged about 38 years|Venkataramana Gowda.Aged about 38 years|
4. Sri. Munirayju|S/o MuniyappaAged about 29 years|S/o MuniyappaAged about 29 years|
5. Sri. Naresh|S/o MuniyappaAged about 21 years|S/o MuniyappaAged about 21 years|
6. VenugopalS/o MuniyappaAged about 23 years|S/o MuniyappaAged about 23 years|
7. omt. Sushma w/o VenugopalAged about 22 yearsAged about 22 years
8. ori. RamappaS/o Kalappa|Aged about 42 years|
QO. Smt. Radhamma.W/o Ramappa.Aged about 38 years|
10. Sri. Nagarayu|S/o Thimmarayappa_Aged about 30 years|
All are residing at Huladenahalli Village Tekal Hobh, Malur Taluk|
Kolar District -563 130)
...PETITIONERS
(By Sri. Nanjunda Gowda M.R., Adv.)
AN °
The State of Karnataka —By Masthi Police StationMalur TalukKolar Dist - 563 130. |
... RESPONDENT
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(By Sri.B. Visweswaraiah, HCGP)
This Crl.P. is filed under Section 438 of Cr.P.C.praying to release the petitioners on bail in the event oftheir arrest in Cr.No.150/14 of Masthi P.S., Kolar, forthe offences p/u/s 143, 147, 148, 323, 324, 354-B,399, 904, 506 R/W 149 of IPC and U/S 3(1) (x1) ofoC/ST (POA) Act.
This Crl.P. coming on for orders this day, theCourt made the following:-
ORDER
This petition is filed under Section 438 of Cr.P.C. |The petitioners are arrayed as accused Nos.1 to 10 inCr.No.150/14 registered by the Masthi police, in respectof the offences punishable under Sections 143, 147,148, 323, 324, 394-B, 355, 504, 506 r/w 149 of IPC.and under Section 3(1) (x1) of SC/ST (PoA) Act.
2. The allegation is, on the night of 28.10.14, thepetitioners accosted the complainant in a shop andassaulted her, tare of her clothes, they assaulted herdaughter Archana and threatened her with direCOTISCQUCTICES
3. Learned counsel for the petitioners, submitsthat there is not a even filament oft material whichattracts the provisions of SC/ST Act and the otheroffences alleged are all triable by the Magistrate. The complainant and her daughter suffered simple injuriesonly. They were treated as outpatients. Moreover eightaccused persons are the members of same family, theybelong to SC community. In that view of the matteralso, the provisions of SC/ST Act is not attracted. Sincea civil case is pending between the parties, to wreck thevengeance against the petitioners, false case is filed.
4. Learned HCGP opposes the bail petition.
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Oo. The complainant in her complaint, thoughalleges overt act by the accused persons, has not allegedanything about the accused insulting or intimating herby referring to her caste. Moreover, barring accusedNos. 1 and 3, accused Nos. 2 and 4 to 10 are all from|the same tamily and they belong to SC community. ©Fortunately, the incident has not culminated in anyserious injuries to the complainant and her daughter. ©The petitioners are not habituals. Their apprehensionoT|ATTeST|1S.quiteunderstandable.Underthe circumstances, there is no impediment to grantanticipatory bail as prayed.
6. Accordingly, the petition is allowed. Thepetitioners are granted anticipatory bail for a period ofthree months in Crime No.150/14 of Masthi Policestation. In the event of their arrest within this period,they shall be enlarged on bail on each of them executinga self bond for a sum of Rs.50,000/- with one suretyeach for the likesum to the satisfaction of the arrestingpolice officer. They shall not threaten the prosecutionwitnesses and co-operate with the I.O. during furthercourse of investigation.
Srl.
od/-|
JUDGE.
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