Karnataka High Court
Ravindranath G @ Ravindranath Kamiti G vs The State Of Karnataka By on 30 July, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:30053
CRL.A No. 1189 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 1189 OF 2024
BETWEEN:
1. RAVINDRANATH G @
RAVINDRANATH KAMITI G
S/O GOWRANNA
AGED ABOUT 45 YEARS
OCC BUSINESS/ SHAMIYANA SUPPLIER
R/O SHAMIYANA SUPPLIES
UPPALAGERE VILLAGE,
HIRIYUR TALUK
CHIRADURGA DISTRICT - 572143
...APPELLANT
(BY SRI. P.B.UMESH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY
Digitally HIRIYUR RURAL POLICE STATION
signed by HIRIYUR SUB DIVISION
LAKSHMI T
CHITRADURGA DISTRICT-577599.
Location: REP. BY STATE PUBLIC PROSECUTOR
High Court
of Karnataka HIGH COURT BUILDINGS
BENGALURU - 560001.
2. YARAGUNTAPPA
S/O. BHEMA BHOVI
AGED ABOUT 40 YEARS,
OCC: DRIVER,
R/O. ADIVALA BHOVI COLONYI
HIRIYUR TALUK
CHITRADURGA DISTRICT-572143.
...RESPONDENTS
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NC: 2024:KHC:30053
CRL.A No. 1189 of 2024
(BY SRI. RANGASWAMY R., HCGP FOR R1; R2 IS SERVED)
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 06.06.2024 IN
CRL.MISC.NO.568/2024 PASSED BY THE SPECIAL II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA,
CONSEQUENTLY DIRECT THE CONCERNED POLICE OF HIRIYUR
RURAL POLICE STATION, HIRIYUR SUB-DIVISION,
CHITRADURGA DISTRICT TO ENLARGE THE
APPELLANT/ACCUSED NO.1 ON BAIL IN CR.NO.105/2024 OF
HIRIYUR RURAL POLICE STATION, HIRIYUR SUB-DIVISION,
CHITRADURGA DISTRICT (CHARGE SHEETED FOR THE
OFFENCE P/U/S 504, 323, 324, 354, 506 R/W 34 OF IPC AND
SEC.3(1)(r)(s), 3(1)(w)(i), 3(2)(va) OF SC/ST (POA) ACT), IN
THE EVENT OF HIS ARREST.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
In this appeal preferred by accused No.1, he is seeking to set aside the order dated 06.06.2024 passed by the Court of Special, II Additional District and Sessions Judge, Chitradurga in Crl.Misc No.568/2024, consequently to release him in the event of his arrest in Crime No.105/2024 of Hiriyur Rural Police Station, Hiriyur Sub- division, Chitradurga District.
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NC: 2024:KHC:30053 CRL.A No. 1189 of 2024
2. Heard the learned counsel for appellant, learned High Court Government Pleader for the State and perused the material on record.
3. Respondent No.2 is served but unrepresented.
4. The above mentioned crime came to be registered against the appellant and two others, on a complaint lodged by respondent No.2, for offence punishable under Sections 504, 323, 324, 354, 506 r/w 34 of IPC and Section 3(1)(r)(s), 3(1)(w)(i), 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for Short 'SC/ST Act, 1989')
5. In brief, the allegations against the accused are that, on 10.03.2024 the complainant and his family members had been to Uppalagere Village to perform puja to Sri Kariyamma Devi. They had hired the Shamiyana and utensils to cook, from the appellant by paying rent of Rs.2,100/-. In the evening after the puja was over, the appellant and two others picked up quarrel with the complainant stating that the utensils were not washed -4- NC: 2024:KHC:30053 CRL.A No. 1189 of 2024 properly. Even after the complainant told him that there is no water near the temple and they will get the utensils cleaned, appellant/accused No.1 abused him referring to his caste and also assaulted him on his head with a stone. Further, other two persons who were along with him also abused the complainant and his relatives in filthy language and assaulted them with the stones, hands etc and caused injuries to them and then threatened them with dire consequences and went away.
6. The learned Sessions Judge has rejected the prayer of the appellant seeking anticipatory bail, observing that, the incident took place in front of the temple and at the time of incident other persons were also present and there are prima facie material against the appellant for offences alleged against him. The contention of the learned counsel for appellant that the incident did not take place in public view, was not accepted.
7. The learned High Court Government Pleader has contended that CWs.1 to 10 are the material -5- NC: 2024:KHC:30053 CRL.A No. 1189 of 2024 witnesses and out of them CWs.1 to 7 have sustained injuries and therefore, there is a prima facie case against the appellant. He further contended that in view of Section 18 of the SC/ST Act, 1989, the appellant is not entitled for the relief of anticipatory bail.
8. The learned counsel for appellant has contended that the complainant has made false allegations against the appellant as there was a dispute with regard to payment of rents for the shamiyana and utensils hired by the complainant from the appellant. He contended that there is a case registered against the complainant herein and others, who assaulted the appellant and others on the very same day and in the said case the appellant herein is a victim. He submitted that the ingredients of the offences alleged under the SC/ST Act, 1989 are not attracted and appellant will undertake to cooperate with the investigation and abide by any conditions.
9. I have perused the complaint averments. A perusal of the same goes to show that the incident -6- NC: 2024:KHC:30053 CRL.A No. 1189 of 2024 occurred on account of a petty issue that is for not cleaning the utensils which was supplied by the appellant to the complainant for the puja. The incident has not taken place on the ground that the complainant or his family members belong to scheduled caste or scheduled tribe. The injuries said to have been sustained by the injured are simple in nature.
10. There is also a case registered in Crime No.106/2024 of Hiriyur Rural Police Station, on a complaint lodged by one Smt. Nagamani on the same day i.e., on 10.03.2024 in connection with the incident which took place at about 6.15 p.m., wherein it is alleged that the complainant herein and others have quarreled, abused and assaulted the appellant herein with stone, clubs etc.
11. In the present case, charge sheet is already filed. Accused Nos.2 and 3 even against whom allegations are made in the FIR, have been enlarged on anticipatory bail by the learned Sessions Judge in criminal Miscellaneous No.844/2024 vide order dated 08.07.2024. -7-
NC: 2024:KHC:30053 CRL.A No. 1189 of 2024
12. Hence the following:
ORDER Appeal is allowed.
The order dated 06.06.2024 passed by the Court of Special, 2nd Additional District and Sessions Judge, Chitradurga in Crl.Misc No.568/2024 is set aside.
Appellant/accused No.1 in Crime No.105/2024 of Hiriyur Rural Police Station, Chitradurga is ordered to be released in the event of his arrest, subject to following conditions:
i. He shall appear before the Jurisdictional Court within a period of 7 days from the date of receipt of a copy of this order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum.
ii. He shall appear before the Investigation Officer within a period of one week thereafter and shall -8- NC: 2024:KHC:30053 CRL.A No. 1189 of 2024 cooperate with the investigation of the case, if any.
iii. He shall furnish proof of his residential address and shall inform the I.O/concerned Court if there is change in the address.
iv. He shall not tamper with the prosecution witnesses in any manner.
iv. He shall appear before the Court on every date of hearing, without fail.
Violation of bail conditions shall result in cancellation of bail.
SD/-
JUDGE HB List No.: 1 Sl No.: 22