Karnataka High Court
Shyam And Anr vs The State Of Karnataka And Anr on 24 August, 2021
Author: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF AUGUST 2021
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL No.200130/2021
Between:
1. Shyam S/o Ramrao Biradar
Age: 35 years, Occ: Agriculture
R/o Bhatsangavi Village, Tq. Bhalki
Dist. Bidar - 585 411
2. Ramrao
S/o Yeshwanthrao Biradar
Age: 70 years, Occ: Agriculture
R/o Bhatsangavi Village, Tq. Bhalki
Dist. Bidar - 585 411
... Appellants
(By Sri Sanjay A. Patil, Advocate)
AND:
1. The State of Karnataka through
Police, Bhalki Rural Police Station
Tq. Bhalki, Dist. Bidar - 585 411
Represented by Addl. SPP
High Court of Karnataka
Kalaburagi Bench - 585 107
2. Shilpa W/o Sharad Suryavanshi
Age: 25 years, Occ: Housewife
2
R/o Bhadangavi Village, Tq. Bhalki
Dist. Bidar - 585 411
... Respondents
(Sri Mallikarjun Sahukar, HCGP for R1;
Sri Shivaputra S. Udbalkar &
Sri Preetam Deulgaonkar, Advs. for R2)
This Criminal Appeal is filed under Section 14-A of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, praying to allow the appeal thereby
directing the respondent/Bhalki Rural Police, Taluka Bhalki,
District Bidar to enlarge the appellants on bail in the event
of their arrest in connection with Crime No.64/2021
registered for the offences punishable under Section 306 of
IPC and Section 3(2)(v) of SC/ST (P.A.) Act, 1989 as per
FIR (pending on the file of Addl. District and Sessions
Court, Bidar.
This appeal coming on for admission this day, the
Court delivered the following:
JUDGMENT
Heard the learned counsel for appellants, learned
High Court Government Pleader for respondent No.1-State
and learned counsel for respondent No.2-complainant.
2. This appeal is filed by accused Nos.1 and 2 in
Crime No.64/2021 of Bhalki Rural Police Station, District
Bidar, registered for offence punishable under Section 306
of IPC and Section 3(2)(v) of Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for
short 'SC/ST Act').
3. Petition filed under Section 438 of Cr.P.C. by
the appellants has been rejected by the learned Sessions
Judge in Criminal Misc. No.260/2021 vide order dated
29.06.2021.
4. Learned counsel for appellants contends that
appellants are innocent and a false case has been foisted
against them after due deliberation, invoking the
provisions of SC/ST Act, just to deny them the benefit of
anticipatory bail. He submits that even accepting the
complaint at its face value, there is no offence alleged
against appellant No.2 that he has abused the deceased
insulting his caste. He submits that the ingredients of
Section 306 of IPC are not made out and merely because
the complainant's husband has committed suicide, it
cannot be said that appellants have abetted him to commit
suicide. He submits that by imposing any conditions, the
relief sought by the appellants may be granted.
5. Learned High Court Government Pleader
appearing for respondent No.1-State assisted by the
learned counsel appearing for respondent No.2-
complainant has vehemently contended that reading of the
complaint itself discloses a prima facie case against the
appellants for having committed an offence under the
provisions of SC/ST Act and therefore contends that in
view of the bar under Sections 18 and 18A of the SC/ST
Act, appellants are not entitled for the relief of anticipatory
bail.
6. Complaint has been lodged by the wife of
deceased Sharad Suryavanshi. The allegations are that, on
27.05.2021 at about 10.30 a.m., while deceased was
washing the tractor, accused No.1 picked up quarrel with
the deceased and one Shivkumar (CW.16) stating that
they have not allowed him to use the road and assaulted
them with chappal and also abused them in filthy language
taking the name of their caste. Thereafter, accused No.1
and his father namely accused No.2 trespassed into the
house of the deceased and assaulted him and also
threatened with dire consequences. In view of the same,
deceased committed suicide by hanging, in his house on
02.06.2021 at about 6.00 p.m.
7. According to the first information report, on
27.05.2021, accused No.1 picked up quarrel with the
deceased and CW.16 and abused them insulting their caste
etc. There are no allegations that accused No.2 has abused
them taking their caste name. It is alleged, thereafter both
the accused went to the house of deceased and assaulted
him. It is not stated as to when they assaulted the
deceased. The complainant's husband has committed
suicide on 02.06.2021 at about 6.00 p.m. The statement
of CW.16 was recorded on 04.06.2021. Perusal of his
statement also shows that at the first instance, it was
accused No.1, who abused him and the deceased as
'Madiga Sule Makkale'. He has further stated that at about
12.00 noon, both the accused came near the house of
deceased and abused him in filthy language and insulted
his caste. However, the abusive words used by accused
No.2 are not mentioned in the complaint.
8. According to prosecution, the deceased
committed suicide on account of abetment by the accused
persons. Whether the accused have intentionally aided or
abetted the deceased to commit suicide is a matter, which
has to be established during the course of trial. However,
considering that there are specific allegations against
appellant No.1/accused No.1 that he has used abusive
words insulting the caste of the deceased, he is not
entitled for the relief of anticipatory bail. Appellant
No.2/accused No.2 can be granted the relief sought by
him, by imposing conditions.
9. Accordingly, the following:
ORDER
Appeal is partly allowed. Appeal in respect of
appellant No.1/accused No.1 is hereby rejected.
Appeal is allowed in respect of appellant
No.2/accused No.2.
The order dated 29.06.2021 passed by the I Addl.
District and Sessions Judge, Bidar in Criminal Misc.
No.260/2021 is hereby set aside to the above extent.
Appellant No.2/accused No.2 shall be released in the
event of his arrest in Crime No.64/2021 of Bhalki Rural
Police Station, for offence punishable under Sections 306
of IPC and Section 3(2)(v) of SC/ST Act, subject to
following conditions:
i. Appellant No.2/accused No.2 shall
appear before the Investigating Officer
within a period of one week from the
date of receipt of a copy of this order and
shall execute a personal bond in a sum
of `1,00,000/- (Rupees One Lakh Only)
with two sureties for likesum, to the
satisfaction of the Investigating Officer;
ii. He shall furnish proof of his residential
address and shall inform the
Investigating Officer/Court, if there is
any change in the address;
iii. He shall not tamper with the prosecution
witnesses either directly or indirectly;
iv. He shall not indulge in any criminal
activities;
v. He shall co-operate with the investigation
and shall appear before Investigating
Officer whenever directed;
vi. He shall appear before the Trial Court on
all dates of hearing.
Sd/-
JUDGE
LG
