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2014 DIGILAW 987 (KAR)

M. K. Shankar Rao v. State of Karnataka

2014-11-13

A.V.CHANDRASHEKARA

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ORDER A.V. Chandrashekara, J. 1. Petitioner is the sole accused in Cr. No. 222/14 on the file of Bangarpet police station, KGF, registered for offences punishable under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act, 1989 read with Section 420 of IPC. He is apprehending arrest at the hands of respondent-police. Learned HCGP has opposed the bail application on the ground that this petitioner is not entitled to be released on anticipatory bail under Section 438 of Cr.P.C., as there is a threshold bar under Section 18 of the SC/ST (PoA), Act. 2. Perused the records and heard learned Counsel for the petitioner. 3. The complainant is a member of scheduled caste. It is the case of the complainant that he has paid a sum of Rs. 8 lakhs to the petitioner to run a cinema theatre and he did not repay the same. In spite of several request, the petitioner did not return the amount and therefore, on 19.12.2013, at about 2.30 p.m., the complainant went near the house of the petitioner and requested him to give back his money. The petitioner is stated to have abused him with reference to his caste as 'Holeya' and it is in this regard, the above said case is registered. 4. The alleged incident is said to have taken place on 19.12.2013 with reference to his caste, but first information was lodged on 17.09.2014 i.e., almost after the lapse of 9 months. It is a very moot point at this stage, as to whether prima facie case is forthcoming against the petitioner, in view of in coordinate delay in filing the first information. Whatever observation is made, is only for the limited purpose of disposing of this bail petition and shall not influence the learned Judge trying the matter on merits. Admittedly, the offences alleged are neither punishable with death nor imprisonment for life. Thus, apprehension of the learned HCGP could be suitably met with by imposing proper conditions. Hence, the petition is allowed and anticipatory bail is granted to the petitioner, subject to the following conditions:-- "(i) Petitioner shall be released on anticipatory bail in the event of his arrest in Cr. No. 222/14 by Bangarpet police, on his executing a personal bond for a sum of Rs. Hence, the petition is allowed and anticipatory bail is granted to the petitioner, subject to the following conditions:-- "(i) Petitioner shall be released on anticipatory bail in the event of his arrest in Cr. No. 222/14 by Bangarpet police, on his executing a personal bond for a sum of Rs. 75,000/- with one surety for the like sum to the satisfaction of the I.O. (ii) He shall co-operate with the I.O. for conducting investigation. (iii) He shall not hold out threats to the prosecution witnesses in any manner. (iv) He shall not involve himself in any criminal activities. (v) He shall surrender before the I.O. on or before 30.11.2014 without fail.