Karnataka High Court
Sri Prathap C vs State Of Karnataka on 25 October, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2024:KHC:43108
CRL.A No. 1583 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1583 OF 2024
BETWEEN:
1. SRI PRATHAP C
S/O. CHIKKATHIMMAIAH,
AGED ABOUT 26 YEARS,
R/AT NO. 370/10, BYRAVESHWARA NILAYA,
8TH CROSS, NEAR OMKARA ASHRAMA,
THUNGA NAGAR, HEROHALLI,
BENGALURU CITY-560 091.
...APPELLANT
(BY SRI M. DEVARAJA, ADOVATE FOR
SRI. SHIVAKUMAR N., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY BYADARAHALLI POLICE STATION,
KENGERI SUB-DIVISION,
BENGALURU RURAL DISTRICT,
Digitally signed by
LAKSHMINARAYANA REP. BY STATE PUBLIC PROSECUTOR,
MURTHY RAJASHRI
HIGH COURT OF KARNATAKA,
Location: HIGH
COURT OF DR. B. R. AMBEDKAR VEEDHI,
KARNATAKA
BENGALURU-560 001.
2. SRI. MALAR
W/O. LINGARAJU,
AGED ABOUT 46 YEARS,
R/AT NO. 196/1/2, 3RD CROSS,
MAHADEVAMMA TEMPLE ROAD,
BYADARAHALLI MAGADI MAIN RAOD,
BENGALURU CITY-560 091.
...RESPONDENTS
-2-
NC: 2024:KHC:43108
CRL.A No. 1583 of 2024
(BY SRI. B. LAKSHMAN, HCGP FOR R-1
R-2 SERVED, UNREPRESENTED)
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING THAT THIS HONBLE COURT MAY BE PLEASED
TO SET ASIDE THE ORDER DATED 06.08.2024 PASSED IN
CRL.MISC.NO.1441/2024 BY THE HONBLE II ADDL. DIST. AND
SESSIONS JUDGE, BENGALURU RURAL DISTRICT IN
REJECTING THE BAIL APPLICATION FILED BY THE APPELLANT
AND GRANT THE RELIEF OF BAIL IN THE CASE IN
CR.NO.0401/2024 REGISTERED AT BYADARAHALLI POLICE
STATION, KENGERI SUB DIVISION ON THE FILE OF HONBLE II
ADDL. DIST. AND SESSIONS JUDGE, BENGALURU RURAL AT
BENGALURU FOR THE OFFENCE P/U/S 3(2)(V-A), 3(1)(r)(s) OF
THE SC AND ST (POA) ACT, 1989 AND SEC. 498A, 306 OF IPC,
1860.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the sole accused praying to set
aside the order dated 06.08.2024 passed in
Crl.Misc.No.1441/2024 by the II Additional District and
Sessions Judge and Special Judge, Bengaluru Rural
District, Bengaluru, whereunder bail petition of this
appellant -accused sought in respect of crime
No.401/2024 of Byadarahalli Police Station for offences
punishable under Sections 498A and 306 of Indian Penal
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Code (Hereinafter referred as to "IPC" for brevity) and
Sections 3(2)(v-a) and 3(1)(r)(S) of the Scheduled Castes
and Schedule Tribes (Prevention of Atrocities) Act, 1989
(Hereinafter referred as to "SC and ST Act" for brevity)
came to be rejected.
2. Heard learned counsel for the appellant -
accused and learned High Court Government Pleader for
respondent No.1-State. Inspite of service of notice
respondent No.2 remained absent and unrepresented.
3. The case of the prosecution is that marriage of
the appellant -accused with deceased was performed on
29.04.2023 and it was love marriage. They stayed happily
for two months. The appellant -accused subjected
deceased -Preethi to mental and physical harassment and
started abusing her by taking her caste. Due to the said
harassment, the deceased was fed up and committed
suicide. The case came to be registered against this
appellant -accused on complaint being filed by respondent
No.2 -mother of the deceased. The appellant -accused
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came to be arrested on 06.06.2024 and he is in judicial
custody. The appellant -accused has filed bail petition and
same came to be rejected by the impugned order, which is
challenged in this appeal.
4. Learned counsel for the appellant -accused
would contend that the marriage of the appellant -accused
with the deceased is love marriage, knowing well she
belongs to scheduled caste he married the deceased and
there is no question of abusing his wife by taking her
caste. He further submits that the deceased might have
committed suicide due to her loneliness. Land lady i.e.
C.W.10 who is residing in neighbourhood of the appellant
-accused has not stated anything with regard to abuse by
this appellant -accused by touching caste of the deceased.
He submits that now charge sheet is filed, this appellant -
accused is not required for custodial interrogation. With
this, he prays to allow the appeal and grant bail to the
appellant -accused.
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5. Per contra, learned High Court Government
Pleader would contend that the deceased belongs to
scheduled caste. Even though the marriage of the
appellant with deceased is love marriage, after marriage
the appellant -accused started abusing deceased by taking
her caste name stating that none of relatives are coming
to home as he married scheduled caste girl. The deceased
has recorded video of harassment given by the appellant -
accused and sent to her parents. If the appellant -accused
is granted bail there is threat to the complainant and other
prosecution witnesses. With this, he prays for dismissal of
the appeal.
6. Having heard learned counsels, this Court has
perused the impugned order and other materials placed on
record.
7. The marriage of the appellant and deceased
was love marriage. The deceased and appellant -accused
started residing in rented house belongs to C.W.10 -Smt.
Shantamma. C.W.10 -Smt. Shantamma's statement has
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been recorded wherein she has not alleged any
harassment by this appellant -accused to the deceased or
abusing her by taking her caste. As charge sheet is filed
this appellant -accused is not required for custodial
interrogation. The apprehension of the prosecution is that,
if the appellant -accused is granted bail, he will threaten
the complainant and other prosecution witnesses can be
met with by imposing stringent conditions. The appellant
-accused has made out grounds for setting aside the
impugned order and grant of bail.
8. In the result, the following
ORDER
The appeal is allowed.
The impugned order dated 06.08.2024 passed in
Crl.Misc.No.1441/2024 by the II Additional District and
Sessions Judge and Special Judge, Bengaluru Rural
District, Bengaluru is set aside. Consequently, the petition
filed by the appellant -accused under Section 439 Cr.P.C
stands allowed. The appellant-accused is ordered to be
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released on bail in Crime No.401/2024 of Byadarahalli
Police Station subject to the following conditions:
i. The appellant-accused shall execute a
personal bond for a sum of
Rs.1,00,000/- (Rupees One Lakh only)
with one surety for the likesum to the
satisfaction of the jurisdictional Court.
ii. The appellant-accused shall not
threaten the complainant and other
prosecution witnesses.
iii. The appellant-accused shall attend the
Court on all dates of hearing unless
exempted and cooperate in speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
