Shivappa v. State of Karnataka through Shahapur Plice Station, Represented by Addl. SPP.
2017-08-21
N.K.SUDHINDRARAO
body2017
DigiLaw.ai
JUDGMENT : 1. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent - police. 2. This petition is filed under Section 438 of Cr.P.C. seeking anticipatory bail. The petitioners are accused No.1 and 16 respectively in Crime No. 251/2017 of Shahapur police station. The offences alleged against petitioners are punishable under Sections 143, 147, 148, 323, 324, 354, 307, 504, 506 read with Section 149 of IPC and under Sections 3(1) (r), 3(1) (s), 3(2) (v) and 3(1) (w) of SC/ST (Prevention of Atrocities) Act. The petitioners are apprehending their arrest at the hands of the respondent - police. 3. The substance of the case is that on 14.07.2017 at about 5.00 p.m. the complainant Sharabanna, who is aged about 40 years belonging scheduled caste lodged a complaint wherein he states that the land of accused No.1 - Shivappa was taken on lease by him. Regarding payment of premium, there were some difference between the parties and on 13.07.2017 at about 7.00 p.m., the complainant and his family members were staying at their filed. 4. By that time, the accused persons had picked up quarrel with the sister of the complainant and also threatened his family members. The accused also abused the complainant in filthy language by taking the name of his caste and caused bleeding injuries. In this connection a criminal case was registered for the above said offences. 5. The learned counsel for the petitioners would submit that other 14 accused persons have been granted regular bail by the learned Sessions Judge, Yadgiri. He also submits that the petitioners are not habitual offenders and there is no prima facie case or its ingredients against the petitioners. 6. The learned HCGP would submit that the petitioners are not entitled for the relief of anticipatory bail and there is a bar under Section 18 of the SC/ST Act. 7. The learned counsel for the petitioners would submit that the provisions of the said Act prima facie does not applicable to the case on hand. 8. In the context of the complaint, prima facie case does not attract the provisions of Section 18 of the SC/ST (Prevention of Atrocities) Act. The investigation is still under progress. 9. This Court finds that no prejudice will be caused to the prosecution or its case, if the petitioners are enlarged on bail.
8. In the context of the complaint, prima facie case does not attract the provisions of Section 18 of the SC/ST (Prevention of Atrocities) Act. The investigation is still under progress. 9. This Court finds that no prejudice will be caused to the prosecution or its case, if the petitioners are enlarged on bail. However, the apprehension of the prosecution could be resolved by imposing suitable conditions. 10. In that view of the matter, the petition under Section 438 of Cr.P.C. is allowed and anticipatory bail is granted to the petitioners subject to the following conditions:- (a) The petitioners shall be released on anticipatory bail in Crime No.251/2017 in the event of their arrest on executing a personal bond for a sum of Rs.50,000/- each with a surety for the like sum to the satisfaction of the I.O. (b) They shall not tamper or terrorize the persecution witnesses in any manner. (c) They shall not leave the jurisdiction of Yadgiri district without prior permission from the Court. (d) The petitioners shall mark their attendance on 5th day of every month before I.O. between 8.00 a.m. to 9.00 a.m. till filing of final report. (e) In case, any other criminal case is registered against the petitioners for the similar or the other offences, the benefit of bail granted in this petition shall stands cancelled. (f) If the petitioners violate any of the conditions, the prosecution is at liberty to seek for cancellation of bail.