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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13TH DAY OF JULY 2020

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.2919 OF 2020

BETWEEN:

1. T N VENKATESHAPPA
S/O LATE NARAYANAPPA
A/O 57 YEARS
WORKING AS TEACHER IN
GOVT MIDDLE SCHOOL

2. V. ARUN KUMAR
S/O T.N. BENKATESHAPPA
A/O 20 YEARS
STUDENT
GOVT MIDDLE SCHOOL

3. SMT. ROOPA
W/O T.N. VENKATESHAPPA
A/O 45 YEARS
HOUSE WIFE
GOVT MIDDLE SCHOOL

ALL ARE R/AT THOKALAGATA VILLAGE

VEMGAL HOBLI,
KOLAR TALUK-563101.
...PETITIONERS

(BY SRI: RAKSHITH R, ADVOCATE)

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AND
1. STATE OF KARNATAKA
BY VEMGAL P.S
REP BY S.P.P.
HIGH COURT OF KARNATAKA
AT BANGALORE-01.

2. LAKSHMAMMA
W/O RAMANJINAPPA
THIKALAGATA VILLAGE
VEMGAL HOBLI,
KOLAR TALUK-563101.
...RESPONDENTS

(BY SRI: THEJESH.P., HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 438

CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN
THE EVENT OF THEIR ARREST IN CR.NO.107/2020 REGISTERED
BY VEMAGAL POLICE STATION, KOLAR FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 323, 324, 354, 355, 504, 506
R/W 34 OF IPC AND SECTION 3(1)(r)(s) OF SC/ST (POA) ACT.

THIS CRIMINAL PETITION COMING ON FOR ORDERS,

THROUGH VIDEO CONFERENCE, THIS DAY, THE COURT MADE
THE FOLLOWING:

ORDER

Heard learned counsel for petitioners and learned HCGP.

Notice served on respondent No.2 is duly served on the son of

the second respondent.

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FIR is registered against the petitioners for the alleged

offences punishable under sections 323, 324, 354, 355, 327,

504, 506 read with 34 of IPC and section 3(1)(s), 3(1)(r) of

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 1989. In the FIR, it is alleged that on 19.05.2020 at about

10.30 a.m., petitioners herein abused respondent No.2 and her

family members with abusive words, calling out their caste in

public view and during the occurrence, they assaulted the

complainant and her daughter with clubs and hands and also

smeared cow-dung on the face of the complainant.

2. The records produced before the Court indicate that

this FIR was registered at 20.00.00 hours on 20.05.2020

whereas in respect of the very same occurrence, a counter-

complaint is seen to have been lodged by the second petitioner

against the second respondent and two others. Learned counsel

for petitioners has also produced the out-patient records to show

that during the occurrence, petitioners herein had sustained

injuries.
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3. The fact that a civil suit was pending between the

parties in respect of a vacant piece of land in O.S.No.297/2019

on the date of alleged occurrence is suppressed in the instant

case. Nonetheless it is clear from the records that the alleged

incident has taken place in the backdrop of the civil dispute

pending between the parties. Therefore, it cannot be said that

the alleged incident had taken place solely on account of the

caste of the second respondent and her family members or with

an intention to insult or humiliate them on account of their caste.

Though the caste abuse is shown as the predominant allegation

in the FIR, yet, on considering the overall facts and

circumstances of the case, there is reason to believe that the

alleged occurrence has taken place on account of the property

dispute, in respect of which a civil suit is pending between the

parties. Under the said circumstances, the rigour of section 18

of the SC & ST (POA) Act does not come in the way of

entertaining the instant petition under section 438 of Cr.P.C.

4. Upon considering the overall facts and circumstances

of the case and having regard to the fact that a counter

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complaint in respect of the same occurrence has been pending

investigation against the complainant and her family members,

in my view, in order to safe guard the interest and liberty of the

petitioners, it is just and necessary to admit them to anticipatory

bail. That apart, having regard to the nature of the allegations

made in the FIR, the custodial interrogation of the petitioners

also may not be necessary. In view of the pendency of the

counter-complaint, there cannot be any apprehension of the

petitioners either fleeing from justice or failing to participate in

the investigation. In that view of the matter, petition deserves

to be allowed. Hence, the following:-

ORDER

Criminal petition is allowed. The petitioners are directed

to appear before the Investigating Officer within 15 days from

the date of this order and on their appearance, the Investigating

Officer shall interrogate the petitioners and shall enlarge them

on bail on the same day subject to the following conditions:-

i) Petitioners/accused Nos.1 to 3 shall furnish

bond in a sum of Rs.1.00 lakh (Rupees One
lakh only) each with one surety each for the
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likesum to the satisfaction of the Investigating

Officer;

ii) They shall appear before the Investigating

Officer as and when required;

iii) They shall co-operate in the investigation;

iv) They shall not threaten or allure the

prosecution witnesses; and

v) They shall mark their attendance in Vemagal

Police Station, Kolar on the 15th of every month
until submission of the final report.

Sd/-
JUDGE

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