Savita Putpak And Ors vs The State Of Karnataka And Anr
2023 Latest Caselaw 3800 Kant

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                                                       NC: 2023:KHC-K:4652
                                                     CRL.A No. 200162 of 2023




                              IN THE HIGH COURT OF KARNATAKA,
                                      KALABURAGI BENCH
                           DATED THIS THE 28TH DAY OF JUNE, 2023
                                        BEFORE
                    THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR

                            CRIMINAL APPEAL NO. 200162 OF 2023

                   BETWEEN:


                   1.   SAVITA PUTPAK W/O RAVINDRA PUTPAK
                        AGE 35 YEARS
                        OCCUPATION GOVERNMENT SERVANT RESIDENT OF
                        DIGGAON VILLAGE TALUK CHITTAPUR
                        DISTRICT KALABURAGI 585102

                   2.   SRI ASHOK PUTPAK
                        S/O BHIMARAYA PUTPAK
                        AGE 54 YEARS
                        OCCUPATION GOVERNMENT SERVANT RESIDENT OF
                        DIGGAON VILLAGE TALUK CHITTAPUR
                        DISTRICT KALABURAGI 585102

                   3.   SHARADABAI
                        W/O BASANNA WALIKAR
                        AGE 56 YEARS
Digitally signed
by                      OCCUPATION HOUSEHOLD RESIDENT OF PLOT NO.1415
KHAJAAMEEN              MANIKESHWARI NILAYA HARI KRISHNA NAGAR UDNOOR
L MALAGHAN
                        ROAD KALABURAGI.
Location: HIGH
COURT OF
KARNATAKA                                                         ...APPELLANTS
                   (BY SRI. B BHIMASHANKAR,ADVOCATE)
                   AND:


                   1.   THE STATE OF KARNATAKA AND ANR
                        THROUGH BASAVAKALYAN TOWN POLICE STATION
                        DISTRICT BIDAR R/BY SPECIAL PUBLIC PROSECUTOR
                        HIGH COURT OF KANRATAKA
                        KALABURAGI-585102.

                   2.   DR. BHAGYAMMA
                        W/O RAVINDRA FOOTPAK
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                                       NC: 2023:KHC-K:4652
                                       CRL.A No. 200162 of 2023




    AGE 39 YEARS
    OCCUPATION GOVERNMENT SERVANT
    RESIDENT OF GANGA COLONY BASAVAKALYAN
    TALUK BASAVAKALYAN
    DISTRICT BIDAR
    MOBILE NO.9008479732



                                                     ...RESPONDENTS
(BY SRI. GURURAJ V. HASILKAR HCGP FOR R1, NOTICE TO R1
SERVIED)
      CRL.A FILED U/SEC. 14-A OF SC/ST (PA) ACT, BY THE
ADVOCATE FOR THE APPELLANT PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO ALLOW THE APPEAL AND SET ASIDE
THE IMPUGNED ORDER PASSED IN CRL.MISC.NO. 5107/2023 DTD,
30.05.2023 BY THE LEARNED II ADDITIONAL DISTRICT AND
SESSION JUDGE AT BIDAR SITTING AT BASAVAKALYAN AND
ENLARGE THE APPELLANTS ON AN ANTICIPATORY BAIL IN THE
EVENT OF THEIR ARREST IN CRIME NO. 0060/2023 REGISTERED BY
BASAVAKALYAN TOWN POLICE STATION DIST. BIDAR FOR THE
OFFENCES PUNISHABLE U/S. 323, 324, 504, 506 R/W 34 THE
INDIAN PENAL CODE 1860 R/W SEC. 3(1)(s), SEC. 3(2)(Va), THE SC
AND THE ST (PREVENTION OF ATROCITIES ACT 1989) IN THE
INTEREST OF JUSTICE.

     THIS APPEAL, COMING ON FOR FINAL ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
                             JUDGMENT

Appellants-accused Nos.2 to 4 are sought to be prosecuted for the offence offences punishable under Sections 323, 324, 504, 506, r/w Section 34 of IPC and Sections 3(1)

(s) & 3(2) (Va) of the SC and ST (Prevention of Attrocities) Act, 1989.

2. Heard the learned counsel for the Appellants- accused Nos.2 to 4 and learned HCGP for the respondent-State.

NC: 2023:KHC-K:4652 CRL.A No. 200162 of 2023

3. Perusal of the FIR lodged by the respondent No.2 indicates that, along with accused No.1, accused Nos.2 to 4 abused respondent No.2 in a filthy language and threatened her with dire consequences. In the absence of any specific allegation as against these appellants-accused Nos.2 to 4 that they abused respondent No.2 in a filthy language by referring to the caste, so as to constitute the commission an offence punishable under the provisions of POA Act, the accused herein have made out a prima facie case to enlarge them on anticipatory bail, in the event of their arrest by imposing conditions.

4. Accordingly, I pass the following:

ORDER

The criminal Appeal is allowed. The Basavakalyana Town Police Station, Bidar District, is hereby directed to enlarge the Appellants-accused Nos.2 and 4 herein on bail, in the event of their arrest in Crime No.60/2023, for the offence punishable under Sections 323, 324, 504, 506, r/w Section 34 of IPC and Sections 3(1) (s) & 3(2) (Va) of the SC and ST (Prevention of Attrocities) Act, 1989, subject to the following conditions:

i) Appellants-accused Nos.2 and 4 herein are ordered to be enlarged on bail by furnishing a personal bond for a sum of Rs.1,00,000/- each with one surety each for the likesum to the satisfaction of the Investigating Officer;

NC: 2023:KHC-K:4652 CRL.A No. 200162 of 2023

ii) They shall co-operate with the Investigating Officer for the purpose of investigation;

iii) They shall not threaten the prosecution witnesses or lure in any manner;

iv) They shall not leave the territorial limits without prior permission of the Investigating Officer;

v) They shall not tamper with the prosecution evidence directly or indirectly;

vi) They shall mark their attendance on the Sunday of every month between 10.00 a.m. to 05.00 p.m. before the Investigating Officer till the investigation is completed.

Sd/-

JUDGE

HR