Karnataka High Court
Anand S/O Dhanapal Patayit vs The State Of Karnataka on 2 July, 2024
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NC: 2024:KHC-D:9011
CRL.A No. 100220 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH
CRIMINAL APPEAL NO. 100220 OF 2024
(U/S 14 A(2) of SC and ST ACT)
BETWEEN:
ANAND S/O. DHANAPAL PATAYIT,
AGE: 39 YEARS, OCC: AGRICULTURE,
R/O: YALPARATTI, TQ: RAIBAG,
DIST: BELAGAVI-591317.
...APPELLANT
(BY SRI. GANAPATI M. BHAT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
ITS A.S.I. RAIBAG POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
HIGH
CHANDRASHEKAR
LAXMAN
KATTIMANI
COURT OF DHARWAD.
KARNATAKA
2. SURESH S/O. SATYAPPA JALIHAL,
AGE: 48 YEARS, OCC: AGRICULTURE,
R/O: HALASIDESHWAR THOT,
BADABYAKUD, TQ: RAIBAG,
DIST. BELAGAVI-591317.
...RESPONDENTS
(BY SRI.PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1;
R2 - SERVED)
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NC: 2024:KHC-D:9011
CRL.A No. 100220 of 2024
THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF
SC/ST ACT, SEEKING TO SET ASIDE ORDER DATED 04.04.2024
IN CRL.MISC NO. 379/2024 (RAIBAG P.S. CRIME NO. 26/2024)
PASSED BY THE COURT OF THE III ADDL. DISTRICT AND
SESSIONS JUDGE, BELAGAVI AND ALLOW THIS CRIMINAL
APPEAL BY ENLARGING THE APPELLANT HEREIN/ACCUSED
NO.1 AS FIR ON BAIL IN SPL C. NO.297/2024 (RAIBAG P.S.
CRIME NO. 26/2024) FOR AN OFFENCES P/U/SEC. 143, 147,
148, 307 R/W SEC. 149 OF IPC AND SEC. 3(1)(r), 3(2)(va),
3(2)(v) OF THE SCHEDULED CASTES AND SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) ACT, 1989 AND AMENDMENT
ACT, 2015, PENDING ON THE FILE OF THE COURT OF THE III
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BELAGAVI.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard Sri. Ganapati M. Bhat, learned counsel for the appellant and Sri. Praveena Y. Devareddiyavara, learned HCGP for the respondent No.1-State.
Brief facts of the case:
2. It is the case of the prosecution that the complainant and injured were coming on the motorcycle after attending the Court, the accused No.8 being a owner -3- NC: 2024:KHC-D:9011 CRL.A No. 100220 of 2024 of the car was coming along with other accused. Accused No.1 was coming on his Royal Enfield Bullet bearing No.KA-23-EP-8478 was following the accused. In the meantime, accused No.8 came in his car and dashed the motorcycle of the injured. Consequently, the rider of the motorbike and the complainant sustained injury and further they have been assaulted by the appellant and others. Thereafter, they were shifted to the hospital for treatment. At the time of taking treatment, SHO received the complaint and registered a case in Crime No.26/2024.
After registering the case, conducted investigation and submitted the charge sheet.
3. It is the submission of the learned counsel for the appellant that the accused No.1 was going on his motorcycle and the overt-act of the appellant has not forthcoming either in the complaint or in the charge sheet. Therefore, he may be enlarged on bail by imposing suitable conditions.
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NC: 2024:KHC-D:9011 CRL.A No. 100220 of 2024
4. It is further submitted that the appellant is permanent resident of Yalparatti, Raibag Taluk and he is an agriculturist and he has to take care of his family members and also he is the earning member of the family. Making such submission, learned counsel for the appellant prays to allow the petition.
5. Per contra, learned HCGP vehemently opposed the bail petition and submitted that the accused No.1 also assaulted the injured on their head, legs and arms and caused injuries and also threatened them that they would not be spared. It is further submitted that there are four cases registered against the accused No.1. Therefore, he is not entitled for any relief.
6. Having heard the learned counsel for respective parties and also perused the averments of the charge sheet, it appears from the complaint as well as averments of the charge sheet that, there were some civil disputes between the complainant and accused No.1 and 6. On 13.03.2024, after attending the Court, the injured along -5- NC: 2024:KHC-D:9011 CRL.A No. 100220 of 2024 with 2 others were going to their respective houses on the bike. In the meantime, the accused No.1 and others followed them and accused No.8 dashed the motorcycle of the injured. Consequently, the complainant and 2 others fell down. Thereafter, all the accused assaulted the injured and others and caused injuries. The allegation made against appellant is that he assaulted on the head, legs and arms of the injured. However, all the allegations made against him are omnibus in nature. The averments of the remand application would indicate that the accused No.7 stated to have abused the complainant and others by mentioning their caste. Therefore, the appellant is entitled for bail. Mere stating that accused No.1 assaulted all the three injured is not sufficient unless it is specifically mentioned the overt-act. Moreover, all the injured have been discharged from the hospital and now the charge sheet is also filed. Therefore, it is appropriate to enlarge him on bail by imposing suitable conditions.
7. Hence, I proceed to pass the following: -6-
NC: 2024:KHC-D:9011 CRL.A No. 100220 of 2024 ORDER The appeal is allowed.
The appellant is ordered to be enlarged on bail on executing a personal bond for a sum of Rs.2,00,000/- (Rupees two lakh only) with one surety for the likesum, subject to the following conditions:
a) The appellant shall not threaten the prosecution witnesses and hamper the proceedings of the Court.
b) The appellant shall not commit any similar offences, or any other offences till disposal of the case.
c) In case, if any such offences are committed, then the liberty is reserved to the jurisdictional Police or prosecution to file proper application for cancellation of bail.
Sd/-
JUDGE RKM CT:ANB List No.: 2 Sl No.: 15