Karnataka High CourtSri S M Venkate Gowda vs The State Of Karnataka on 5 November, 2018CRL.P.NO.7028/2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 5TH DAY OF NOVEMBER 2018

                        BEFORE

      THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

         CRIMINAL PETITION NO.7028 OF 2018

BETWEEN:

1.    SRI S.M.VENKATE GOWDA
      S/O LATE MUNISWAMY
      AGED ABOUT 52 YEARS

2.    A.M.THAYAMMA
      W/O S.M.VENKATE GOWDA
      AGED ABOUT 42 YEARS

BOTH ARE RESIDING AT NO.195
24TH MAIN ROAD
3RD CROSS, HSR LAYOUT
1ST SECTOR, AGARA
BENGALURU SOUTH - 560 102
KOLAR TALUK - 563 101                   ...PETITIONERS

(BY SRI NANJUNDA GOWDA M.K., ADV.)

AND

1.    THE STATE OF KARNATAKA
      BY H.S.R. LAYOUT POLICE
      REPRESENTED BY
      STATE PUBLIC PROSECUTOR
      HIGH COURT OF KARNATAKA
      BENGALURU - 560 001

2.    SRI PILLERAJU
      S/O BASAPPA
      AGED ABOUT 55 YEARS
      R/AT NO.22/11, 2ND CROSS
                                              CRL.P.NO.7028/2018
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      2ND A MAIN, AGARA
      BENGALURU SOUTH 560 102                     ...RESPONDENTS

(BY SMT. NAMITHA MAHESH B.G., HCGP FOR R-1;
    R-2 - PRESENT)

     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 CR.NO.285/2018 OF HSR
LAYOUT POLICE STATION, BENGALURU CITY FOR THE
OFFENCES P/U/S 506, 504, 143, 147, 323, 324 R/W 149 OFIPCAND U/S 3(x)(xi) OF SC/ST (P.A.) ACT.


      THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:


                         ORDERLearned   Government     Pleader    files    report   of   the

Investigating Officer regarding service of notice on the

complainant. Complainant present.H.S.R.Layout    Police       have    registered        Crime

No.285/2018 against the petitioners and five others for the

offences punishable underSections 143,147,323,354,504and506read withSection 149of IPC and Section 3(x)(xi) of

S.C. & S.T. (POA) Act, 1989, on the basis of complaint of

second respondent Pillaraju.CRL.P.NO.7028/201832. A.M.Mariswamy, the father of second petitioner had

filed an application before the BBMP for change of khata in

respect of land bearing Sy.No.74 of Agara village.     In that

regard, there was dispute between A.Mariswamy, second

respondent and his sister-in-law Kenchamma.       The matter

was taken before this Court in W.P.No.7333/2017 (LB-BMP)

by A.M.Mariswamy.      The said writ petition was allowed on

14.2.2018 and Mariswamy was directed to file Review

Petition and BBMP was directed to consider the same in

accordance with law.3. Second respondent filed complaint alleging that on

13.8.2018   at   10.00   a.m.   when   BBMP    officials   were

conducting enquiry in pursuance of the order in the writ

petition, the petitioners and five others picked up quarrel

with the complainant, abused him and his sister-in-law

Kenchamma in foul language with reference to their caste

and assaulted Kenchamma and outraged her modesty. It is

further alleged that in that scuffle, the accused snatched his

gold chain weighing 45 grams.CRL.P.NO.7028/201844. Petitioners are apprehending their arrest in the said

case. Admittedly, the case arises out of civil litigation. The

incident is said to have taken place in the presence of BBMP

officials. Since about three months, the Investigating officer

has not recorded any of the statements of said BBMP

officials. The major offences alleged against the petitioners

carry imprisonment upto seven years. The statement of the

victim lady is already recorded. Under the circumstances, it

is a fit case to grant anticipatory bail to the petitioners.Accordingly, the criminal petition is allowed.            The

petitioners   are   granted     anticipatory    bail   in      Crime

No.285/2018 of H.S.R.Layout Police Station.            If they are

arrested in the said case, they shall be released on bail

subject to the following conditions:1. They shall appear before the Investigating Officer
      within 10 days from the date of receipt of copy of
      this order;2. They shall execute personal bond in a sum of
      Rs.25,000/- and furnish two sureties in the
      likesum to the satisfaction of the Investigating
      Officer/Magistrate for their appearance;CRL.P.NO.7028/201853. They   shall   appear   before   the   Investigating
    Officer/Court as and when required for the
    purpose of investigation/trial;4. They shall not tamper the prosecution witnesses
    in any manner.Sd/-JUDGE


KNM/-