New Delhi: The Supreme Court on Monday directed Karnataka Congress MLC Shrikanth to surrender before the trial court in two weeks in connection with the criminal case registered against him under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and other provisions. A bench of Justices DY Chandrachud and Hima Kohli said that if the Member of Legislative Council (MLC) applies for regular bail, it shall be considered on the day it is filed.
It said, "Having regard to the parameters which have been set out in the decision of this Court in Satender Kumar Antil versus Central Bureau of Investigation, we order and direct that the petitioner shall surrender before the competent court and apply for regular bail within a period of two weeks from the date of this order. The application for the grant of regular bail shall be considered on the day on which it is filed".
Shrikant has challenged the order of the Karnataka High Court dated March 15, by which it has refused to grant him anticipatory bail. The top court noted the petitioner sought anticipatory bail under Section 438 of CrPC and the application for anticipatory bail was rejected by the IInd Additional District and Sessions Judge, Uttar Kannada, Karvar, by an order dated December 7, 2021, and thereafter the High Court has also declined to grant anticipatory bail by an order dated March 15, 2022.
It said that on April 21, 2022, this Court, while issuing notice, had granted a stay of arrest in connection with Crime Noand pursuant to the return of notice, appearance has been entered on behalf of the State of Karnataka and the second respondent, who is the complainant.
"The investigation has been completed. The charge sheet has been submitted before the competent court on May 3, 2022. In view of the submission of the charge sheet, custodial interrogation is no longer required", it said. Senior advocate Devadatt Kamat, appearing for the petitioner, submitted that the allegation in respect of what was allegedly said by the petitioner in the original complaint has been substantially diluted in the charge sheet.
On June 12, 2019, a case was registered against Shrikanth at PS Haliyala for offences punishable under the provisions of the SC/ST Act and IPC on the allegation of the complainant that the legislator abused him by his caste name, by stating in filthy language that he will burn Dalit and will oust them from the village. (PTI)
