Karnataka High Court
Basavaraj vs The State Of Karnataka And Anr on 4 July, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.A No. 200161 of 2024
C/W CRL.A No. 200166 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 200161 OF 2024 (U/S 14 (A))
C/W
CRIMINAL APPEAL NO. 200166 OF 2024
IN CRIMINAL APPEAL NO. 200161 OF 2024
BETWEEN:
1. MADIVALAPPA
S/O GURANNAGOUDA MALIPATIL
AGE: 28 YEARS
OCC: AGRICULTURE
R/O. HAVALAGA VILLAGE
Digitally TQ: AFZALPUR
signed by DIST: KALABURAGI-585 301.
SHILPA R
TENIHALLI
Location:
HIGH 2. SIDDARAM @ SIDDALING
COURT OF
KARNATAKA S/O REVANASIDDAPPA PUJARI
AGE: 24 YEARS
OCC: AGRICULTURE
R/O. HAVALAGA VILLAGE
TQ: AFZALPUR
DIST: KALABURAGI-585 301
3. LAXMIPUTRA
S/O SIDDAPPA NATIKAR
AGE: 24 YEARS
OCC: AGRICULTURE
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CRL.A No. 200161 of 2024
C/W CRL.A No. 200166 of 2024
R/O. HAVALAGA VILLAGE
TQ: AFZALPUR
DIST: KALABURAGI-585 301
4. SHEKHAR
S/O HALAPPA TALAWAR
AGE: 23 YEARS
OCC: AGRICULTURE
R/O. KURUBATHALLI VILLAGE
TQ: ALMELA
DIST: VIJAYAPURA
NOW AT HAVALAGA VILLAGE
TQ: AFZALPUR
DIST: KALABURAGI
...APPELLANTS
(BY SRI B. BHIMASHANKAR & SRI PRADEEP KUMAR,
ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
THROUGH AFZALPUR POLICE STATION
REPTD. BY ADDITIONAL
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
KALABURAGI-585 102.
2. NAGAPPA
S/O HIRAGAPPA HOLIKERI
AGE: 52 YEARS
OCC: COOLIE
R/O. HAVALAGA VILLAGE
TQ: AFZALPUR
DIST: KALABURAGI-585 301
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R1;
SRI S.N. PADSHETTY AND SRI S.M.PATIL,
ADVOCATES FOR R2)
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CRL.A No. 200161 of 2024
C/W CRL.A No. 200166 of 2024
THIS CRL.A IS FILED U/SEC. 14-A (2) OF SC/ST (PA)
ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE
THE IMPUGNED ORDER PASSED IN CRL. MISC. NO.
0851/2024 DATED 11.06.2024 BY THE LEARNED II
ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
KALABURAGI AND ENLARGE THE APPELLANTS ON
REGULAR BAIL IN CRIME NO.0133/2024 REGISTERED BY
AFZALPUR POLICE STATION FOR THE OFFENCES
PUNISHABLE P/U/S. 143, 147, 148, 323, 324, 307, 504,
506 R/W 149 THE INDIAN PENAL CODE 1860 R/W SEC
3(1)(r), (s), 3(1)(za),(2)(v) OF THE SC AND THE ST
(PREVENTION OF ATROCITIES ACT 1989).
IN CRIMINAL APPEAL NO. 200166 OF 2024
BETWEEN:
BASAVARAJ
S/O GURUSIDDAPPA NATIKAR
AGE: 33 YEARS
OCC: AGRICULTURE
R/O. HAVALAGA VILLAGE
TQ: AFZALPUR
DIST: KALABURAGI-585 301.
...APPELLANT
(BY SRI B. BHIMASHANKAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH AFZALPUR POLICE STATION
REPTD BY ADDITIOANL
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
KALABURAGI-585 102.
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CRL.A No. 200161 of 2024
C/W CRL.A No. 200166 of 2024
2. NAGAPPA
S/O HIRAGAPPA HOLIKERI
AGE: 52 YEARS
OCC: COOLIE
R/O. HAVALAGA VILLAGE
TQ: AFZALPUR
DIST: KALABURAGI-585 301.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R1;
SRI S.N. PADSHETTY AND SRI S.M.PATIL,
ADVOCATES FOR R2)
THIS CRL.A IS FILED U/SEC.14-A (2) OF SC/ST (PA)
ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE
THE IMPUGNED ORDER PASSED IN CRL. MISC.
NO.0831/2024 DATED 11.06.2024 BY THE LEARNED II
ADDITIONAL DISTRICT AND SESSION JUDGE AT
KALABURAGI AND ENLARGE THE APPELLANT ON
ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.133/2023 REGISTERED BY AFZALPUR POLICE
STATION FOR THE OFFENCES PUNISHABLE U/S. 143, 147,
148, 323, 324, 307, 504, 506 R/W SEC. 149 OF THE
INDIAN PENAL CODE 1860 R/W SEC. 3(1), (R), 3(1)(S),
3(1), (ZA), 3(2)(V) OF THE SC AND THE ST (PREVENTION
OF ATROCITIES ACT, 1989) PENDING BEFORE THE
LEARNED II ADDL DISTRICT AND SESSION JUDGE AT
KALABURAGI.
THESE APPEALS, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.A No. 200161 of 2024
C/W CRL.A No. 200166 of 2024
JUDGMENT
1. These two appeals filed under Section 14A (2) of the Scheduled Castes and the Schedules Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST (POA) Act' for short), arise out of Crime No.133/2024 registered by Afzalpur Police Station, Kalaburagi for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 and 149 of IPC and under Sections 3(1)(r)(s), 3(1)(za) and 2(v) of the SC/ST (POA) Act, on the basis of the first information dated 18.05.2024 received from respondent No.2 herein and therefore, the appeals are heard together and disposed of by this common order.
2. Heard the learned counsel for the appellants, the learned HCGP for respondent No.1 and learned counsel for respondent No.2, who has filed his statement of objections opposing the prayer made in the appeal memorandum. -6-
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3. FIR in Crime No.133/2024 was registered by Afzalpur Police Station, Kalaburagi, for the aforesaid offences against Siddugoud Malipatil and seven others. The appellants in Criminal Appeal No.200161/2024 are arraigned as accused Nos.2, 3, 6 and 7 in the FIR. During the course of investigation, they were arrested on 25.05.2024. Bail application filed by them before the jurisdictional Sessions Court in Crl.Misc.No.851/2024 was rejected on 11.07.2024. The appellant in Criminal Appeal No.200166/2024 is arraigned as accused No.5 in the FIR. Apprehending his arrest in the said case, he had filed Crl.Misc.No.831/2024 before the jurisdictional Sessions Court, which was dismissed on 11.07.2024. Therefore, accused Nos.2, 3, 6, 7 and 5 are before this Court in these two appeals.
4. Learned counsel for the appellants submits that the injured has not suffered any grievous injury in the alleged incident that had taken place on the intervening night of 16.05.2024 and 17.05.2024. No specific overt acts are -7- NC: 2024:KHC-K:4567 CRL.A No. 200161 of 2024 C/W CRL.A No. 200166 of 2024 alleged as against any one of accused in the first information. The allegations made in the first information prima facie would not attract the alleged offences more so, the offences under the SC/ST (POA) Act. Accordingly, he prays to allow the appeals.
5. Per contra, learned HCGP for respondent No.1 and learned counsel for respondent No.2 have strongly opposed the prayer made in the appeal memorandum. They submit that the appellants are indulged in illegal transport of sand and there are multiple FIRs registered against them. The manner in which the crime is committed would go to show the high handed acts of the appellants, who are the members of a mafia indulged in theft of sand. Accordingly, they pray to dismiss the appeals.
6. FIR in Crime No.133/2024 was registered by Afzalpur Police Station, Kalaburagi, for the aforesaid offences on the basis of the first information submitted by respondent No.2, who is the father of injured victim Sudhir Holikeri. In the first information, it is averred that on the intervening -8- NC: 2024:KHC-K:4567 CRL.A No. 200161 of 2024 C/W CRL.A No. 200166 of 2024 night of 16.05.2024 and 17.05.2024 at about 01.40 a.m., the accused persons named in the FIR came near the house of the first informant and after calling Sudhir outside the house, dragged him towards Samudhaya Bhavan and started assaulting him on the ground that he had passed on the information to the police about accused persons transporting sand. Immediately, the first informant went to the said spot and accused persons abused the first informant and his son Sudhir referring to their caste and criminally intimidated them. The accused persons allegedly assaulted Sudhir with deadly weapons and stones and caused fatal injuries to him and when Sudhir started shouting, the neighbourers came there and rescued him. Immediately thereafter, Sudhir was shifted to District Government Hospital for treatment. Thereafter on 18.05.2024 at about 21.00 hours, the first informant had approached the police and submitted his complaint based on which FIR in Crime No.133/2024 was registered. -9-
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7. The material on record would go to show that there is a delay in registering the FIR. From a reading of the averments made in the first information, it is seen that omnibus allegations are made against all the accused persons and no specific overt acts of any one of the accused is mentioned in the first information. Further, it is also seen that it is not averred in the first information that accused persons had abused the first informant and his son referring to their caste in public view. Therefore, a serious doubt arises as to whether the provisions of SC/ST (POA) Act, gets attracted in the present case.
8. Be that as it may, the Wound Certificate of the victim Sudhir which is made available to this Court by learned HCGP would go to show that he had suffered only simple injuries in the incident in question. Further, in the Wound Certificate, it is stated that the incident had taken place on 16.05.2024 at about 11.00 a.m. Therefore, the correctness of the allegations found in the first information also becomes doubtful. In the objection statement filed by
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NC: 2024:KHC-K:4567 CRL.A No. 200161 of 2024 C/W CRL.A No. 200166 of 2024 respondent No.2, he has produced a copy of the FIR registered in three criminal cases against the appellants herein. All the said three FIRs registered in Crime Nos.115/2024, 117/2024 and 119/2024 are for the offence punishable under Section 379 of IPC and the same is registered by Afzalpur Police Station, Kalaburagi on 29.04.2024. Since the appellants are allegedly involved in committing theft of sand and illegal transportation of the same, it is necessary to impose stringent conditions on them while granting relief sought for by them in these appeals.
9. Accordingly, the appeals are allowed. The impugned orders passed by the Court of II Addl. District and Sessions Judge, Kalaburagi in Crl.Misc.No.851/2024 and Crl.Misc.No.831/2024 dated 11.07.2024 are set-aside.
10. Accused Nos.2, 3, 6 and 7 (appellants in Crl.A.No.200161/2024) are directed to be enlarged on bail in Crime No.133/2024 registered by Afzalpur Police Station, Kalaburagi for the offences punishable under
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NC: 2024:KHC-K:4567 CRL.A No. 200161 of 2024 C/W CRL.A No. 200166 of 2024 Sections 143, 147, 148, 323, 324, 307, 504, 506 and 149 of IPC and under Sections 3(1)(r)(s), 3(1)(za) and 2(v) of the SC/ST (POA) Act, subject to the following conditions:
a) Appellants/accused Nos.2, 3, 6 and 7 shall execute a personal bond for a sum of Rs.1,00,000/- each with two sureties for the likesum, to the satisfaction of the jurisdictional Court;b) The appellants/accused Nos.2, 3, 6 and 7
shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts their appearance for valid reasons;
c) The appellants/accused Nos.2, 3, 6 and 7 shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The appellants/accused Nos.2, 3, 6 and 7 shall not involve in any similar offences in future and in the event of involvement of the appellants/accused Nos.2, 3, 6 and 7 in any similar case in future, respondents are at liberty to seek cancellation of the bail granted by this Court.
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11. The respondent - Police or any other police in the State of Karnataka are directed to release accused No.5 (appellant in Crl.A.No.200166/2024) in the event of his arrest in Crime No.133/2024 registered by Afzalpur Police Station, Kalaburagi for the offences punishable under Sections 143, 147, 148, 323, 324, 307, 504, 506 and 149 of IPC and under Sections 3(1)(r)(s), 3(1)(za) and 2(v) of the SC/ST (POA) Act, subject to the following conditions:
1. The Appellant/accused No.5 shall appear before the Investigating Officer within 15 days from the date of receipt of the copy of this order and shall execute a personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum to the satisfaction of the investigating officer.
2. Appellant/accused No.5 shall regularly appear before the Trial Court without fail unless exempted by the Trial Court for valid reasons.
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3. Appellant/accused No.5 shall not tamper with the prosecution witness and he shall co-operate with the police for investigation and appear before them whenever called upon.
4. The Appellant/accused No.5 shall not involve in any similar offences in future and in the event of involvement of the appellant/accused No.5 in any similar case in future, respondents are at liberty to seek cancellation of the bail granted by this Court.
Sd/-
JUDGE DN List No.: 1 Sl No.: 4