ROOPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court seeking for being enlarged on bail in the event of her arrest in Crime No.9/2020 of Kushalanagar Rural Police Station for offences punishable under Sections 323 , 506 , 34 of IPC and under Sections 3(1)(c) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short, 'the Act').

(2.) The case of the prosecution is that the 2nd respondent-complainant had filed a complaint on 26.01.2020 alleging that the complainant's house and that of the petitioner are near to each other and there were certain disputes which had occurred between them as regards flowing of waste water between their houses. On 20.01.2020 at about 10.00 a.m., the petitioner and her husband were cleaning the grass due to which dust entered into the house of the complainant and on enquiry and request being made to stop the same, the accused threatened the complainant with dire consequences including a threat to life as also made various comments against her caste which is an offence under the said Act. It is on this basis that a complaint came to be filed on 26.01.2020.

(3.) Sri.Pratheep S., learned counsel for the petitioner submits that a plain reading of the complaint itself would indicate that even as per the complainant alleged offence has happened within the confines of the house. There are no other by standers and/or alleged incident has not happened in public view. Therefore, he submits that the bar under Section 18 and 18(1) of the said Act is not applicable and prima facie there is no case which is made out against the petitioner insofar as the offences alleged. He further submits that even as per the complaint, it is only a oral threat which has been held at. There is nothing further done in pursuance of the alleged oral threat. A false complaint has been filed only to implicate the petitioner due to neighbourly dispute between the petitioner and the complainant. He therefore submits that the arrest and remand of the petitioner to the judicial custody will cause harm and injury not only to the person but also to her reputation and therefore, the petitioner ought to be enlarged on bail in the event of her arrest.