Karnataka High Court
Smt.Pushpa vs The State Of Karnataka on 31 May, 2022
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF MAY, 2022
BEFORE:
THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL No.862 OF 2022
BETWEEN:
1. SMT. PUSHPA,
W/O. BOREGOWDA,
AGED ABOUT 50 YEARS,
RESIDING AT NO.90/3, 3RD CROSS,
GUBBALALA MAIN ROAD,
SUBRAMANYAPURA, THURAHALLI,
BENGALURU - 560 061.
2. SMT. CHANDRAMMA,
W/O. UMASHANKAR,
AGED ABOUT 56 YEARS,
RESIDING AT NO.3, 3RD CROSS,
MARAMMA TEMPLE ROAD,
BYATARAYANAPURA,
BENGLAURU - 560 061. ... APPELLANTS
[BY SRI. BHADRINATH R., ADVOCATE]
AND:
1. THE STATE OF KARNATAKA
BY SUBRAMANYAPURA POLICE,
SUBRAMANYAPURA POLICE STATION,
BENGALURU,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU - 560 001.
2. SMT. PALLAVI S.,
AGED ABOUT 26 YEARS,
W/O. KIRAN GOWDA,
RESIDING AT NO.5,
ANNAPPA REDDY COMPLEX,
5TH CROSS, 'A' BLOCK,
2
HANUMAGIRINAGARA,
CHIKKALASANDRA,
BENGALURU - 560 073. ... RESPONDENTS
[BY SRI. R.D. RENUKARADHYA, HCGP., FOR R1.
R2 IS SERVED AND UNREPRESENTED]
***
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2)
OF THE SC/ST (POA) ACT, 1989 PRAYING TO SET ASIDE THE
ORDER DATED 19.04.2022 IN CRL.MISC. NO.3276/2022 PASSED
BY THE LXX ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE AT BENGALURU (CCH-71), ALLOW THIS APPEAL
ENLARGING THE APPELLANTS/ACCUSED NOS.3 & 4 ON BAIL IN
THE EVENT OF THEIR ARREST BY RESPONDENT NO.1/POLICE IN
CRIME NO.64/2022, PENDING ON THE FILE OF the LXX
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU
(CCH-71) FOR THE ALLEGED OFFENCES P/U/SECTIONS 498-A,
504, 506 R/W SECTION 34 OF IPC., SECTION 4 OF THE DOWRY
PROHIBITION ACT AND SECTION 3(1)(r) OF THE SC/ST (POA) ACT,
BY IMPOSING ANY REASONBLE CONDITIONS.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by accused Nos.3 and 4 in
Crime No.70/2022 registered at Basavanagudi Women
Police Station, Bengaluru City, which was later transferred
on the point of jurisdiction and registered in Crime
No.64/2022 at Subramanyapura Police Station, Bengaluru
City, for offence punishable under Section 3(1)(r) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocity) Act, 1989 [hereinafter referred to as 'SC and ST
(POA) Act' for short] and Sections 498-A, 504, 506 r/w 34
of IPC.
2. Apprehending their arrest, the appellants
preferred Criminal Misc. No.3276/2022 along with accused
No.1 seeking anticipatory bail and the said petition was
dismissed by the learned Sessions Judge vide Order dated
19.04.2022.
3. The appellants have prayed to set aside the
impugned Judgment and to release them on anticipatory
bail.
4. Heard the learned counsel for the appellants
and the learned High Court Government Pleader for
respondent No.1/State and perused the material on record.
5. Respondent No.2/defacto complainant has been
served, but there is no representation.
6. The complaint averments would reveal that the
complainant got married accused No.1 on 31.10.2021 and
subsequent to the marriage she was being ill-treated. It is
alleged that accused No.1 was addicted to bad vices and he
used to make unlawful demands and subjecting the
complainant to cruelty etc. In so far as the allegations
against the appellants are concerned, it is stated that
appellant No.1 is the aunt of her husband and she was not
happy with the marriage of the complainant with accused
No.1 and she was instigating accused No.1 to commit the
offence and instigating him to take away the life of the
complainant. Further, it is alleged that appellant No.2 was
forcing the complainant to give divorce to her husband.
7. The learned High Court Government Pleader
contends that the complainant belongs to Scheduled Caste
and it was an inter-caste marriage, which was not liked by
the appellants herein and therefore, they were also giving
torture to the complainant and at their instance accused
No.1 was harassing the complainant. He contends that the
appellants have committed an offence punishable under
Section 3(1)(r) of the SC and ST [POA] Act and therefore,
the learned Sessions Judge has rightly rejected their
application for anticipatory bail, in view of the bar under
Sections 18 and 18-A of the SC and ST [POA] Act to
entertain a petition filed under Section 438 of Cr.P.C.
8. The learned counsel for the appellants contends
that vague allegations are made against the appellants in
the complaint and the said allegations do not prima facie
attract the ingredients of the offence under the SC and ST
[POA] Act. He submits that the main allegations are
against accused No.1 and the appellants are falsely
implicated. He submits that no prima facie case is made
out against the appellants and therefore, there is no
impediment to entertain a petition under Section 438 of
Cr.P.C. He submits that the appellants are women folks
and in the event of their arrest, they will be put to great
hardship and therefore, seeks to allow the petition.
9. I have perused the complaint averments and
the material available on record.
10. The main allegations are against accused No.1
i.e., the husband of the complainant. The only allegation
against the appellants are that appellant No.1 was not
interested in the marriage of the complainant with accused
No.1 and the marriage was against the wishes of appellant
No.1 and other family members and it is alleged that she
was instigating accused No.1 etc. It is further alleged that
appellant No.2 was forcing the complainant to give divorce
to her husband.
11. In the entire complaint, it is not stated that
these appellants were residing along with the complainant
and her husband. It is not alleged in the complaint that
the appellants have abused the complainant referring to
her caste. As already noted, specific allegation of
subjecting the complainant with cruelty etc. is against
accused No.1.
12. The reading of the complaint at this stage does
not show that a prima facie case is made out against the
appellants attracting an offence under the SC/ST (POA)
Act. However, the prosecution has to establish its case
against the appellants in a full-fledged trial. The appellants
have undertaken to abide by conditions and to cooperate
with the investigation. Hence, the following:
ORDER
The Order dated 19.04.2022 passed by the learned
LXX Additional City Civil And Sessions Judge and Special
Judge at Bengaluru [CCH No.71] in Criminal Misc.
No.3276/2022 is hereby set aside.
The appellants/accused Nos.3 and 4 are ordered to
be released on bail in the event of their arrest in Crime
No.64/2022 of Subramanyapura Police Station, Bengaluru,
subject to following conditions:
(1) They shall appear before the
Investigation Officer within a period of
15 [Fifteen Days] from today and shall
execute a personal bond in a sum of
`50,000/- [Rupees Fifty Thousand]
each, with one likesum surety.
(2) They shall furnish proof of their
residential address and shall inform the
Investigating Officer/Court, if there is
change in the address.
(3) They shall cooperate with the
investigation.
(4) They shall not tamper with the
prosecution witnesses either directly or
indirectly.
(5) They shall regularly appear before the
trial Court.
Sd/-
JUDGE
Ksm*
