Basu Alias Basavaraj S/O ... vs The State Of Karnataka
2021 Latest Caselaw 6424 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

        DATED THIS THE 18 T H DAY OF DECEMBER 2021
                           BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR


           CRIMINAL APPEAL NO.100350 OF 2021

   BETWEEN:

   1.     BASU @ BASAVARAJ S/O. GADIGEPPA HOSAMANI
          AGE: 23 YEARS, OCC: COOLIE,
          R/O: ARALIKATTI, TQ: HUBLI,
          DIST: DHARWAD-581207.

   2.     RAVI S/O. ASHOK BULLAPPANAVAR
          AGE: 37 YEARS, OCC: COOLIE,
          R/O: SHIGGAON, TQ: SHIGGAON,
          DIST: HAVERI-581205.

   3.     MANJU @ MANJUNATH
          S/O. BASAVANNEPPA SHIGGAVI @ HITTALMANI
          AGE: 20 YEARS, OCC: COOLIE,
          R/O: BASARIKATTI, TQ: SHIGGAON,
          DIST: HAVERI-581205.

   4.     ARJUNGOUDA S/O VEERBHADRAGOUDA
          HONNAGOUDRA,
          AGE: 39 YEARS, OCC: COOLIE,
          R/O: BANNUR, TQ: SHIGGAON,
          DIST: HAVERI-581205.
                                           ...A PPELLANTS

   (BY SRI HARS HAW ARDHAN M. PATIL, ADV.)
                                      2




AND:


1.     THE STATE OF KARNATAKA
       BY SHIGGAON POLICE STATION,
       R/BY ADDL. STATE PUBLIC PROSECUTOR,
       HIGH COURT OF KARNATAKA,
       DHARWAD BENCH-580011.


2.     SMT. GEETA W/O. ARJUNGOUDA HONNAGOUDRU
       AGE: 29 YEARS, OCC: HOUSEHOLD,
       R/O: NEAR VEERABHADRESHWAR KRISHI KENDRA,
       BANNUR, TQ: SHIGGAON,
       DIST: HAVERI-581205.
                                                     ... RES PONDENTS

(BY SRI RAMESH B. CHIGARI , HCGP FOR R1
 R2- SERVED)


       THIS CRIMINAL APPEAL IS FILED U/S 14 A (2) OF
THE    SCHED ULED         CASTES         AND    SCHEDULED     TRIBES
(PREVENTION OF ATROCITIES) ACT 1989, S EEKING T O
ENLARGE       THE    PETITIONERS           ON    REGULAR     BAI L    IN
SHIGGAON POLICE STATION CRIME NO.131/ 2021 FOR
THE OFFEN CES PUNISHABLE UNDER SECTIONS 307,
323, 324, 364, 341, 109, 34 OF IPC AND UND ER
SECTION       3(2)( 5)    OF    SC       AND    ST   PREV ENTION      OF
ATTROCITIES ACT , 1989.



       THIS     CRIMINAL         APPEAL         COMI NG     ON       F OR
ORDERS,       THIS       DAY,   THE       COURT      DELIVERED       THE
FOLLOWING:
                                 3




                       JUDGMENT

Accused Nos.1, 2, 3 and 5 have filed this appeal

challenging the order dated 12.11.2021 passed by the

learned I Additional District and Sessions and Special

Judge, Haveri, whereunder the bail application of

appellants/accused Nos.1, 2, 3 and 5 sought in Crime

No.131/2021 of Shiggaon Police Station registered for

the offences punishable under Sections 307, 323, 324,

364, 341, 109, 34 of the Indian Penal Code

(hereinafter referred to as the 'IPC', for brevity) and

Section 3(2) (v) of the Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act 1989

came to be rejected.

2. The case of the prosecution is that one

Geeta has filed complaint stating that she married

accused No.5 in the year 2016 and she belongs to

Hindu Waddar caste and her husband/accused No.5

belongs to Hindu Lingayath caste and their marriage

was love marriage. It is further stated that on

16.09.2021 at about 7.00 p.m., when the complainant

was returning to her house from Shiggaon Temple,

accused No.1 who is the relative of her husband and

along with two others came in a car and threw chilly

powder to her eyes and assaulted her with iron rod,

with hands and legs and took her in the car dicky and

threw her in Karka Bridge situated in between Haliyal

and Dandeli and she came up the bridge and with the

help of unknown persons, got into 108 Ambulance and

took treatment in Dandeli Government Hospital. It is

further stated in the complaint that, when she was in

the car dicky, she heard that accused No.1 was talking

with stating the name of Ravi and Manju. The said

complaint came to be registered in Crime No.60/2021

of Dandeli Police Station for the offences punishable

under Sections 307, 323, 324, 364, 341, 109, 34 of

IPC and Section 3(2) (v) of SC and ST Act.

3. Thereafter, the said complaint came to be

transferred and registered in Crime No.131/2021 of

Shiggaon Police Station for the same offences. The

appellants/accused Nos.1, 2, 3 and 5 came to be

arrested on 17.09.2021 and remanded to judicial

custody. The appellants have filed bail application and

the same came to be rejected by the learned I

Additional District and Sessions and Special Judge,

Haveri by order dated 12.11.2021. The appellants

have challenged the said order in the present appeal.

4. Heard the arguments of learned counsel

appearing for appellants and the learned High Court

Government Pleader for the respondent No.1-State.

The respondent No.2-complainant inspite of

service of notice remained absent and unrepresented.

5. It would be the contention of the learned

counsel for the appellants that the love marriage of

the complainant and accused No.5 was in the year

2016 and thereafter they led marital life and after

lapse of five years there is no question of any person

assaulting her as she belongs to different caste. It is

his further submission that there are no allegations

since the year 2016. It is his further submission that

accused No.5 was not on the spot and no overt act is

alleged against him. The injured is discharged from

the hospital and there is no danger to her life.

Without considering all these aspects, the learned

Sessions and Special Judge, has passed impugned

order, which requires interference by this Court. With

this, he prayed to allow the appeal.

6. Per contra, learned High Court Government

Pleader would contended that the charge sheet has

been filed against accused Nos.1 to 6 including the

appellants for the offences punishable under Sections

143, 147, 148, 323, 324, 364, 341, 109, 504, 506,

307, 149 of IPC and Section 3(2) (v) (va) of SC and

ST Act. It is his further submission that the injured

was admitted in the hospital on 17.09.2021 and she

has been discharged on 25.09.2021 and as per wound

certificate she has sustained nine injuries and out of

them one injury is grievous in nature and other

injuries are simple injuries. It is his further

submission that as per the accusation, accused No.1

assaulted with hands and legs. As the charge sheet is

filed and as there is a prima facie case against the

appellants for the offences alleged against them, if the

appellants are granted bail, they will threaten the

complainant and other prosecution witnesses. With

this, he prayed to dismiss the appeal.

7. Having regard to the submission made by

the learned counsel for the appellants and the learned

High Court Government Pleader for respondent No.1-

State, this Court has gone through the charge sheet

records and the impugned order.

8. The bail application of appellants came to

be rejected on the ground that, investigation is in

progress and if appellants are granted bail, there are

chances of hampering the investigation and tampering

the prosecution witnesses.

9. The accusation leveled against the

appellant Nos.1, 2 and 3/accused Nos.1, 2 and 3 is

that accused No.1 assaulted with iron rod, accused

Nos.2 and 3 assaulted with hands and legs and they

took her in the car dicky and threw her in the river

flowing bridge at Dandeli. As per the prosecution case

the appellant No.4/accused No.5 was not present on

the spot at the time of incident. No overt act is

alleged against accused No.5. The inured has

sustained nine injuries, out of them one injury is

grievous which is fracture of her left ankle. The

injured has been discharged on 25.09.2021. There is

no danger to the life of the injured. As the charge

sheet is filed, the appellants are not required for

custodial interrogation. Without considering all these

aspects, the learned Sessions and Special Judge has

passed impugned order, which requires interference

by this Court. The main objections of the prosecution

is that if the appellants are granted bail, they will

tamper the prosecution witnesses and threaten the

complainant, can be met with by imposing certain

stringent conditions.

10. In the facts and circumstances of the case

and submission of the counsel, this Court is of the

view that there are valid grounds for allowing the

appeal and granting bail subject to certain terms and

conditions. Hence, I proceed to pass the following:

ORDER

The appeal is allowed.

The impugned order dated 12.11.2021 passed

by the learned I Additional District and Sessions and

Special Judge, Haveri is set aside. The bail application

of the appellants/accused Nos.1, 2, 3 and 5 stands

allowed. The appellants/accused Nos.1, 2, 3 and 5

are ordered to be released on bail in Crime

No.131/2021 of Shiggaon Police Station subject to the

following conditions:

i) The appellants/accused Nos.1, 2, 3 and 5 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one lakh

only) each with one surety for the like sum to the satisfaction of the jurisdictional Court.

ii) The appellants/accused Nos.1, 2, 3 and 5 shall not indulge in tampering the prosecution witnesses.

iii) The appellants/accused Nos.1, 2, 3 and 5 shall attend the Court on all dates of hearing, unless exempted, and co- operate in speedy disposal of the case.

Sd/-

JUDGE

S MM