Karnataka High Court
Sri Prakash S vs State By Sub Inspector Of Police on 8 December, 2021
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF DECEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.1703/2021
BETWEEN:
1. SRI. PRAKASH S.
S/O. GULABI
AGED ABOUT 31 YEARS,
R/O KOLAGI, SONALE VILLAGE,
HOSANAGARA TALUK.
2. SRI. PRAVEEN S.N,
S/O. NANDYAPPA SHETTY,
AGED ABOUT 31 YEARS,
R/O SONALE VILLAGE,
HOSANAGARA TALUK.
...APPELLANTS
(BY SRI. Y. HARIPRASAD , ADVOCATE (PH))
AND:
1. STATE BY SUB-INSPECTOR OF POLICE
HOSANAGARA POLICE STATION,
SHIVAMOGA DISTRICT.
2. SRI. SURESH G,
S/O. GOVINDAPPA,.
AGED ABOUT 45 YEARS,
R/O SONALE VILLAGE,
HOSANAGARA TALUK.
...RESPONDENTS
(BY SMT. RASHMI JADHAV, HCGP FOR R1 - (PH)
R2 - SERVED AND APPEARED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SC/ST (POA) ACT, PRAYING TO SET ASIDE
THE ORDER DATED 18.10.2021 PASSED IN
2
CRL.MISC.NO.1035/2021 BY THE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE, SHIVAMOGGA IN SO FAR AS
APPELLANT NO.1 AND APPELLANT NO.2. AND ETC.
THIS CRIMINAL APPEAL IS COMING ON FOR
ADMISSION THROUGH VIDEO CONFERENCE/PHYSICAL
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING;
JUDGMENT
This appeal is preferred by accused Nos.2 and 3 in crime
No.91/2021 registered at Hosanagara Police Station, for offence
punishable under Sections 323, 324, 504, 506 read with
Section 34 of I.P.C and Sections 3(1)(r), 3(1)(s), 3(2)(va) of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Amendment Act 2015 (herein after referred to as
SC/ST Act).
2. The appellants have sought to set aside the order
dated 18.10.2021, passed in Criminal Miscellaneous No.
1035/2021 by the II Additional District and Sessions Judge,
Shivamogga, insofar as rejecting their application filed under
Section 438 of the Cr.P.C. and sought to release them on
anticipatory bail.
3. Heard the learned counsel for appellants and learned
High Court Government Pleader -respondent/State and perused
the material available on record.
4. The respondent who is served with notice is present
before the court and orally opposed the prayer for bail.
5. The complaint is lodged in respect of an incident
which took place on 21.09.2021 at about 7.00 p.m., near
Devaiah Hotel, Sonale Village, Hosanagara Taluk, Shivamogga,
wherein, the complainant is alleged to have abused by the
accused in filthy language, referring to his caste and also
assaulted with a wooden stick, with hands etc.,
6. The learned Sessions Judge was pleased to allow the
petition filed by accused No.1 under Section 438 of Cr.P.C.,
however, rejected the prayer of accused Nos.2 & 3 i.e.
appellants herein.
7. A careful reading of the complaint shows that the
complainant was abused referring to his caste by accused No.2
and there is no specific allegation against accused No.3 that he
has abused him in filthy language taking the name of his caste.
It is alleged that accused No.2 was holding a club and he
assaulted on the left ear of the complainant and accused No.3
kicked him on his abdomen and threatened him with dire
consequences. There is no other visible injuries except an
abrasion measuring 1x1 cm over the ear. The injuries are
simple in nature. At this stage, considering the averments
made in the complaint, it cannot be said that there is a prima
facie case made out against accused No.3 attracting the
provisions of SC/ST (POA) Act. The prosecution has to
establish its case in a full fledged trial. Hence, the following
Order:
ORDER
Appeal is partly allowed.
The impugned order is set aside insofar as accused No.3
is concerned and his petition filed under Section 438 Cr.P.C.,
before the trial Court is hereby allowed with the following
conditions:
i) Appellant No.2/accused No.3 shall be released in
the event of his arrest in Crime No. 91/2021 of
Hosanagara Police Station on his executing
personal bond in a sum of Rs.50,000/- (Rupees
Fifty Thousand only) with a surety for like-sum.
ii) Appellant shall appear before the Investigation
Officer within a period of 10 days from today and
shall execute the bond as noted above.
iii) Appellant shall not tamper with the prosecution
witnesses directly/indirectly.
iv) Appellant shall co-operate with the investigation and
make himself available for investigation as and
when required.
v) Appellant shall be regular in attending the court
proceedings.
Appeal is dismissed in respect of appellant No.1/accused
No.2.
If any petition is filed under Section 439 of Cr.P.C. by
accused No.2, the same shall be considered and disposed of by
the learned Sessions Judge as expeditiously as possible in
accordance with law.
IA.No.2/2021 is disposed of.
Sd/-
JUDGE
JY
