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M. Ravi & Others v/s State by Vishwanathapura P.S., Rep. by SPP, Bengaluru & Another


Company & Directors' Information:- REP CORPORATION PRIVATE LIMITED [Strike Off] CIN = U26921TN2005PTC055138

Company & Directors' Information:- RAVI AND COMPANY LIMITED. [Strike Off] CIN = U74300JK1997PLC001627

    Criminal Petition No. 3282 of 2020

    Decided On, 03 September 2020

    At, High Court of Karnataka

    By, THE HONOURABLE MR. JUSTICE H.P. SANDESH

    For the Petitioners: R. Rakshith, S. Shankarappa, Advocate (VC). For the Respondents: K.P. Yashodha, HCGP (Physical Hearing).



Judgment Text


(Prayer: 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.75/2019 registered by Vishwanathapura Police Station, Bengaluru for the offences punishable under Sections 3(1)(R), 3(1)(S) of SC/ST (POA) Act and Sections 143, 147, 504, 506, 323 read with Section 149 of IPC.)

Through Video Conference:

1. This petition is filed under Section 438 of Cr.P.C, praying to enlarge the petitioner Nos.1 to 8/accused Nos.1 to 8, on bail in the event of their arrest in respect of Crime No.75/2019 registered by Vishwanathapura Police Station, Bengaluru, for the offences punishable under Sections 143, 147, 504, 506, 323 read with Section 149 of Indian Penal Code, 1860 ('IPC' for short) and Sections 3(1)(r) and 3(1)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 (the 'SCST Act' for short).

2. Heard the learned counsel appearing for petitioner Nos.1 to 8/accused Nos.1 to 8 and the learned High Court Government Pleader appearing for respondent No.1/State.

Learned High Court Government Pleader submits that the notice to respondent No.2 is served.

3. The factual matrix of the case is that, on 02.07.2019 at about 11:00 a.m, Smt. Kempamma lodged a complaint stating that on 30.06.2015 around 3:00 p.m, when the complainant was near her house, these petitioners came and abused her in a filthy language taking her caste name, threatened and also assaulted her. Based on the complaint, the police have registered a case against the petitioners for the offences punishable under Sections 143, 147, 504, 506, 323 read with Section 149 of IPC and Sections 3(1)(r) and 3(1)(s) of the SCST Act.

4. Learned counsel appearing for the petitioners would submit that a false case has been registered against the petitioners only in order to harass them and the alleged incident of abusing the complainant is also not in the presence of general public. The complaint also discloses that, it was near the house of the complainant and the complaint is silent about whether the public were present or not. Hence, Sections 3(1)(r) and 3(1)(s) of the SCST Act does not attract. Hence, it is a fit case to exercise the powers under Section 438 of Cr.P.C.

5. Per contra, learned High Court Government Pleader appearing for respondent No.1/State would submit that, these petitioners have abused the complainant taking her caste name and also assaulted her. Hence, there is a prima facie case against the petitioners and they are not entitled for anticipatory bail. He also submits that there is a bar under Section 18 of the special enactment.

6. Having heard the arguments of learned counsel for petitioner Nos.1 to 8/accused Nos.1 to 8 and the learned High Court Government Pleader appearing for respondent No.1/State, this Court has to examine whether it is a fit case to exercise the powers under Section 438 of Cr.P.C.

7. Having heard the arguments of respective counsel, also on perusal of the complaint and in complaint an allegation is made to attract the special enactment i.e., the abuse taking the caste name. Having taken note of the place of incident i.e., near the house of complainant, is not in dispute. The complaint does not disclose whether the said abuse was made in presence of the general public. The incident was taken place near the house of the complainant. No doubt, there is a bar under Section 18 of the special enactment to invoke Section 438 of Cr.P.C. However, the Apex Court clarified the same in the earlier judgment in the case of Dr.Subhash Kashinath Mahajan Vs. State of Maharashtra and another reported in (2018) 6 SCC 454 and also recently in the judgment reported in 2020 SCC OnLine SC 159 in the case of Prathvi Raj Chauhan Vs. Union of India and Others, made an observation that if the complaint does not disclose the ingredients of the offences invoked to attract the special enactment, the Court can exercise the powers under Section 438 of Cr.P.C.

8. In view of the said judgments and also on perusal of the complaint averments, I am of the opinion that it is a fit case to exercise the powers under Section 438 of Cr.P.C. Since the complaint averments does not disclose the ingredients of the special enactment and bail can be granted subject to certain conditions to protect and safeguard the interest of the prosecution. Hence, I pass the following:-

ORDER

The petition is allowed. Consequently, the petitioner Nos.1 to 8/accused Nos.1 to 8 shall be released on bail in the event of their arrest in connection with Crime No.75/2019 of Vishwanathapura Police Station, Bengaluru, for the offences punishable under Sections 143, 147, 504, 506, 323 read with Section 149 of IPC and Sections 3(1)(r) and 3(1)(s) of the SCST Act, subject to the following conditions:

(i) The petitioners shall surrender themselves before the Investigating Officer within fifteen days from the date of receipt of a certified copy of this order and shall execute personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one surety for the like-sum to the satisfaction

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of the concerned Investigating Officer. (ii) The petitioners shall not indulge in tampering the prosecution witnesses. (iii) The petitioners shall co-operate with the Investigating Officer to complete the investigation, and they shall appear before the Investigating Officer, as and when called for. (iv) The petitioners shall mark their attendance once in a month i.e., on 30th of every month between 10.00 a.m. and 5.00 p.m., before the Investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.
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