Karnataka High Court
Jayraj Acharya vs The State Of Karnataka on 23 April, 2021
Author: P.Krishna Bhat
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 23RD DAY OF APRIL, 2021
BEFORE
THE HON'BLE MR.JUSTICE P.KRISHNA BHAT
CRIMINAL APPEAL NO.527/2021
BETWEEN
1. JAYRAJ ACHARYA
S/O LATE DAMODARA
AGED ABOUT 32 YEARS
OCC : STORE MANAGER
R/AT RELIANCE DIGITAL
P.B.ROAD
DAVANGERE - 577002.
2. LOKESH J
S/O JAY SHETTY
AGED ABOUT 31 YEARS
OCC : DEPARTMENTAL MANAGER
R/AT RELIANCE DIGITAL
OPP : DAVANGERE URBAN BANK
NEAR ANDANUR CERAMICS
P.B.ROAD
DAVANGERE - 577006.
3. ABHISHEK M TALWAR
S/O MAHADEV TALWAR
AGED ABOUT 25 YEARS
OCC : DEPARTMENT MANAGER
DAVANGERE URBAN BANK
NEAR ANDANUR CERAMICS
P.B.ROAD
DAVANGERE - 577006.
... APPELLANTS
(BY SRI DINESH KUMAR.K.RAO, ADV. AND
SMT. POOJA KATTIMANI, ADV.)
2
AND
1. THE STATE OF KARNATAKA
BY DAVANGERE RURAL POLICE STATION
DAVANGERE - 577002.
(REP. BY SPP
HIGH COURT BUILDING
BENGA;URU - 560 001)
2. SMT NEELAMAMA
W/O SHIVAPPA
AGED ABOUT 55 YEARS
OCC : HOUSEWIFE
R/AT HALUVARTHI VILLAGE
DAVANGERE TALUK
DAVANGERE - 577 001.
... RESPONDENTS
(BY SRI K. NAGESHWARAPPA, HCGP FOR R1; R2-
SERVED)
THIS CRIMINAL APPEAL IS FILED UNDER
SECTION 14A(2) THE SCHEDULED CASTE AND
SCHEDULED TRIBE (PREVENTION OF ATROCITIES)
ACT, 1989 PRAYING TO SET ASIDE THE IMPUGNED
ORDERS DATED 30.01.2021 PASSED BY THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE,
DAVANAGERE IN CRL.MISC.NO.900/2020,
CRL.MISC.NO.951/2020 AND CRL.MIC.NO.960/2020
AND BE PLEASED TO ALLOW THE APPEAL BY
DIRECTING THE CONCERNED POLICE OF
DAVANAGERE RURAL POLICE STATTION,
DAVANAGERE TO ENLARGE THE APPELLANT'S ON
ANTICIPATORY BAIL IN THE EVENT OF THEIR ARREST
3
IN CRIME No.323/2020 OF DAVANAGERE RURAL
POLICE STATION, (REGISTERED FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 306 R/W. 34 OF IPC
AND UNDER SECTION 3(1)(r), 3(1)(s), 3(2)(v-a) AND
3(2)(v) OF SC/ST (P.A. ACT) PENDING ON THE FILE
2ND ADDITIONAL DISTRICT AND SESSIONS JUDGE,
DAVANAGERE.
THIS CRIMINAL APPEAL COMING ON FOR
ADMISSION THIS DAY, THE COURT DELIVERED THE
FOLLOWING:-
JUDGMENT
This appeal is filed under Section 14A(2) of
Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989 by the appellants seeking
anticipatory bail and calling in question the order
dated 30.01.2021 passed in Crl.Misc.950/2020 by the
Learned II Additional District and Sessions Judge,
Davanagere.
2. It is disclosed that one Hanumantappa son of
the complainant committed suicide by hanging during
night intervening 15.12.2020 and 16.12.2020 in a
room in their family house. It is alleged that he was
working in Reliance Digital. It is stated in the
compliant that his Manager Jayaram and two other
superior officers namely Lokesh and Abhishek were
mentally harassing him and they were abusing him
with reference to his caste. A case was registered in
Crime No.323/2020 in Davanagere Rural Police
Station, Davanagere for the offences punishable
under Section 306 read with Section 34 of IPC and
Section 3(1)(r), 3(1)(s), 3(2)(v-a) and 3(2)(v) of
Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Act, 1989 (hereinafter referred to as 'the
Act' for short) against the appellants.
3. The appellants have earlier anticipatory
bail petition before the Learned Special Judge,
Davanagere in Crl.MIsc.No.950/2020 which, by the
impugned order, came to be rejected.
4. Learned counsel for the appellants submits
that these appellants are innocent and they happened
to be superior officers of the deceased in the Reliance
Digital where deceased was also an employee and the
allegations made in the complaint by his mother that
these appellants were making caste related abuse to
the deceased and that had driven the deceased to
commit suicide are entirely baseless and false and
therefore, he submits that this appeal is liable to be
allowed and appellants are entitled for granting of
anticipatory bail.
5. Learned HCGA has filed his detailed
statement of objections and submits that the offences
alleged are extremely serious in nature and the
complainant has stated that the appellants were
making caste related abuse to the deceased who was
a member of Scheduled Caste community which had
driven him to commit suicide and therefore, these
appellants are not entitled for granting anticipatory
bail.
6. Learned HCGA has made available for my
perusal the entire investigation papers. It discloses
that investigation has been completed and draft
chargesheet is at the stage of scrutiny for being filed
before this Court. The investigation papers contain
the death note left behind by the deceased, which
reads follows:
"fêÀ£ÀzÀ°è £À£ÀUÉ §zÀÄPÉÆà CAUÉ ªÀiÁrzÀÄÝ Reliance
digital EªÀvÀÄÛ £Á£ÀÄ ¸ÁªÉÇzÉÝ PÁgÀt £À£Àß PÉ®¸À¢AzÀ
©Ãr¹ £À£Àß J¯Áè commitment UÉ ªÉÆøÀ ªÀiÁrzÀÄÝ
Reliance digital manager and DM's £Á£ÀÄ vÀÄA§
D¸É ElÖPÉÆArzÉÝ CzÀPÉÌ J¯Áè zÀPÉÌ vÀA¢zÀÄÝ Reliance
Digital F £À£ÀUÉ PÉ®¸À¢AzÁ ©r¹, £À£Àß UÁr PÀAvÀÆ ªÀÄvÀÆÛ
£À£Àß EMI UÀ½UÀÆ PÀÄvÀÆÛ vÀAzÀÆ £À£Àß ¸ÁAiÉÆ vÀgÁ ªÀiÁrzÀgÀÆ
£À£ÀUÉ EzɯÁè £ÉÆÃr fêÀ£ÀzÀ°è ¨É¸ÀvÀÆÛ £Á£ÀÄ ¸Á¬Äw⤠£À£Àß
¸Á«UÉ Reliance Digital ªÀÄvÀÄÛ C°è£Á Manager
PÁgÀt zÀAiÀiÁ«lÄÖ £À£ÀߣÀÄß PÀë«Ä¹. CªÀÄä £À£ÀߣÀÆß PÀë«Ä¸ÀÄ."
EAw ¤ªÀÄä ªÀÄUÀ
ºÀ£ÀĪÀÄAv"À
7. There is absolutely no mention in the said
death note about any of his superiors including the
present appellants had ever abused him with caste
related insulting words. Further the Investigating
Officer has recorded the statement of co-employees
of the deceased like Aravind Kumar, Basavaraj R,
Shivananda B. etc. Perusal of their statement shows
that the deceased was short tempered and he was
not open to any advise from his superiors. The
offence under Section 306 IPC is not exclusively
punishable with death or imprisonment for life.
8. Taking into consideration, the materials
available in the investigation papers. I am of the
view that appellants can be granted anticipatory bail
inspite of the fact that the offences alleged are under
Section 306 read with Section 34 of IPC and Section
3(1)(r)(s), 3(2)(v-a) and 3(2)(v) of the Act against
the appellants.
Hence, the following:
ORDER
The appeal is allowed.
• Appellants/Accused Nos.1 to 3 are directed to
be enlarged on bail in the event of their arrest
in Crime No. 323/2020 in Davanagere Rural
Police Station on executing a personal bond in a
sum of Rs.50,000/- each (Rupees Fifty
Thousand Only) with two solvent sureties for the
likesum to the satisfaction of the Court below.
• They shall not threaten or tamper with the
prosecution witnesses, directly or indirectly.
• They shall not leave the jurisdiction of the Court
below without prior permission from the said
Court.
• They shall mark their attendance before SHO,
Davanagere Police Station on the last Sunday of
every month between 10.00 a.m. to 5.00 p.m.,
till the charge sheet is filed.
Sd/-
JUDGE
GJM
