Karnataka High Court
Rohit vs The State Of Karnataka And Anr on 3 July, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-K:4510
CRL.A No. 200160 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO.200160 OF 2024 [U/S 14 (A)]
BETWEEN:
ROHIT S/O NAGARAJ JOKE
AGE: 25 YEARS, OCC: BUSINESS
R/O. LALGERI
NEAR AMBABHAVANI TEMPLE,
BRAHMPUR KALABURAGI-585 101.
...APPELLANT
(BY SRI RAJESH DODDAMANI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
CHOWK POLICE STATION,
KALABURAGI CITY,
Digitally
signed by NOW REPRESENTED BY
SHILPA R
TENIHALLI THE ADDITIONAL STATE
Location:
HIGH COURT PUBLIC PROSECUTOR
OF
KARNATAKA HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585 103.
2. KARTIK
S/O MAREPPA KARAKA
AGE: 16 YEARS, OCC: STUDENT,
R/O. HIRAPUR VILLAGE,
TQ: AND DIST: KALABURAGI-585 103.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R1;
R2 SERVED)
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NC: 2024:KHC-K:4510
CRL.A No. 200160 of 2024
THIS CRL.A IS FILED U/SEC.14-A (2) OF SC/ST (POA)
ACT, PRAYING TO SET ASIDE THE ORDER DATED 10.06.2024
PASSED BY THE HONOURABLE II ADDL DISTRIC AND SESSION
JUDGE KALABURAGI IN CRIMINAL MISC. NO.828/2024 AND
CONSEQUENTLY ENLARGE THE APPELLANT/A-2 (AS PER
REMIND SHEET) ON BAIL IN CONNECTION WITH CRIME
NO.65/2024 OF CHOWK POLICE STATION, KALABURAGI,
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 365, 392, 506, 323, 307 R/W SEC 34 OF INDIAN
PENAL CODE AND SECTION 3(1)(R) AND 3(2)(V) OF SC/ST
(POA) ACT, 1989, NOW PENDING ON THE FILE OF
HONOURABLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE
KALABURAGI, IN CRIME NO.65/2024.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Accused No.2 in Crime No.65/2024 registered by Chowk Police Station, Kalaburagi City for the offences punishable under Sections 365, 392, 506, 323, 307 read with Section 34 of IPC and Sections 3(1)(r) and 3(2)(V) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'SC/ST (POA) Act') is before this Court in this appeal filed under Section 14-A(2) of the SC/ST (POA) Act with a prayer to enlarge him on regular bail.
2. Heard learned counsel for the parties. -3-
NC: 2024:KHC-K:4510 CRL.A No. 200160 of 2024
3. The FIR in Crime No.65/2024 was registered by Chowk Police Station, Kalaburagi City for the aforesaid offences against one Vijayakumar and others on the basis of the first information dated 05.05.2024 received from Kartik. During the course of investigation, the appellant herein, who is arrayed as accused No.2 in the FIR was arrested on 19.05.2024 and remanded to judicial custody. The bail application filed by him before the jurisdictional Sessions Court in Crl.Misc.No.828/2024 was rejected on 10.06.2024. Therefore, he is before this Court.
4. Learned counsel for the appellant having reiterated the grounds urged in the appeal memorandum submits that the allegation of assault on Ganesh is only as against accused No.1. The appellant allegedly had assaulted one Veeresh and he has suffered only simple injuries in the incident in question. The appellant has no criminal antecedents and is a youngster, aged about 25 years. The major portion of the investigation is over. Accordingly, he prays to allow the appeal. -4-
NC: 2024:KHC-K:4510 CRL.A No. 200160 of 2024
5. Per contra, learned High Court Government Pleader has opposed the prayer made in the appeal. She submits that the injured Ganesh has suffered grievous injuries in the incident in question and he was in hospital for a considerable period of time. She submits that the appellant had a common intention along with other accused persons and therefore, at this stage, he is not entitled for the relief sought for in the appeal. Accordingly, she prays to dismiss the appeal.
6. Perusal of the averments made in the FIR dated 05.05.2024 submitted by the first informant in respect of the incident that had taken place on the intervening night of 04.05.2024 and 05.05.2024 would go to show that on the night of 04.05.2024 at about 9.30 p.m. the first informant had gone to attend the birthday party of his friend Abhishek and when he was returning, his friend Ganesh called him at about 11.30 p.m. and handed over to him a sum of Rs.120/- and asked him to bring a bottle of water and one packet Bristol. The first informant had -5- NC: 2024:KHC-K:4510 CRL.A No. 200160 of 2024 therefore gone to a grocery shop for the purpose of purchasing a water bottle and packet of Bristol and when he took out money from his pocket for the purpose of buying the aforesaid articles, he also accidentally took out a Rs.500/- note which was in his packet. At that time, two persons who were standing near the grocery shop asked him to handover the said Rs.500/- note. When he refused, said two persons took him along with them and thereafter called his brother Samprit over phone and criminally intimidated him. One person amongst the two forcibly took the Rs.500/- note which the first informant had with him and returned a sum of Rs.50/- and asked him to buy a packet of cigarette for his brother and while leaving the spot, one of them had assaulted him with his hands on his cheek. Thereafter, when his brother Samprit and his friends came, he informed them about the incident and therefore, all of them including Ganesh went in search of the aforesaid two persons, who had taken away Rs.500/- from the first informant. At about 1.00 a.m. they found aforesaid two persons sitting near puncture shop -6- NC: 2024:KHC-K:4510 CRL.A No. 200160 of 2024 and when the first informant and others went and enquired with them as to why they had threatened him, accused No.1 allegedly assaulted Ganesh on his head with a stone which was lying there and as a result, he fell down. The appellant allegedly assaulted Veeresh, who was along with the first informant with a stone on his back. Ganesh was subsequently shifted to hospital by the first informant, his brother and others and admitted in the hospital for treatment. The allegation of assaulting Ganesh with a stone on his head is only as against accused No.1. The appellant had allegedly assaulted Veeresh with a stone and Veeresh had only suffered simple injuries as a result of assault.
7. Considering the allegations found in the first information, a serious doubt arises as to whether the provisions of the SC/ST (POA) Act would be attracted in the present case. Undisputedly, the appellant, who has no criminal antecedents is in custody from 19.05.2024 and he is a youngster, aged about 25 years. The major portion of -7- NC: 2024:KHC-K:4510 CRL.A No. 200160 of 2024 the investigation in the case is completed. Under the circumstances, the prayer made by the appellant in this appeal requires to be granted. Accordingly, following order is passed:
ORDER The appeal is allowed.
The impugned order passed by the Court of II Additional District and Sessions Judge, Kalaburagi in Crl.Misc.No.828/2024 dated 10.06.2024 is set aside.
The appellant is directed to be enlarged on bail in Crime No.65/2024 of Chowk Police Station, Kalaburagi City, registered for the offences punishable under Sections 365, 392, 506, 323, 307 read with Section 34 of IPC and Sections 3(1)(r) and 3(2)(V) of the SC/ST (POA) Act, pending before the Court of II Additional District and Sessions Judge, Kalaburagi, subject to the following conditions:-8-
NC: 2024:KHC-K:4510 CRL.A No. 200160 of 2024
a) The appellant shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;
b) The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;
c) The appellant shall not directly or indirectly threaten or tamper with the prosecution witnesses;
d) The appellant shall not involve in similar offences in future.
Sd/-
JUDGE SRT List No.: 1 Sl No.: 8