Karnataka High Court
Pinakini vs State Of Karnataka By on 22 December, 2021
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF DECEMBER, 2021
BEFORE:
THE HON'BLE MR.JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL No.1440 OF 2021
BETWEEN:
1. PINAKINI
D/O. JAYANNA NAYAKA
AGED ABOUT 24 YEARS,
2. MARUTHI KUMAR
S/O. JAYANNA NAYAKA
AGED ABOUT 29 YEARS,
BOTH ARE RESIDING AT
THONDALU VILLAGE
GAVADAGERE HOBLI
HUNSUR TALUK
MYSURU DISTRICT - 571 105.
AND ALSO RESIDING AT
HOSARAMANAHALLI VILLAGE
BOLANAHALLI POST
HUNASUR TALUK
MYSURU DISTRICT - 571 103. ... APPELLANTS
[BY SRI. LAKSHMIKANTH K., ADVOCATE]
AND:
1. STATE OF KARNATAKA BY
BILIKERE POLICE STATION
MYSURU DISTRICT
REP. BY ITS PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE - 01.
2. SMT. TAYAMMA
W/O. VENKATESHA
2
AGED ABOUT 45 YEARS
RESIDING AT THONDALU VILLAGE
HUNSUR TALUK
MYSURU DISTRICT - 571 610. ... RESPONDENTS
[BY SMT. LEENA C. SHIVA PURMATH, HCGP]
***
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2)
OF SC/ST (POA) ACT OF CR.P.C. PRAYING TO SET ASIDE THE
ORDER DATED 03.09.2021 IN CRL.MISC.NO.1593/2021 ON THE
FILE OF THE 6TH ADDL. DISTRICT AND SPL. JUDGE, MYSORE AND
ORDER TO RELEASE THE APPELLANTS ON ANTICIPATORY BAIL FOR
THE OFFENCE PUNISHABLE UNDER SECTIONS 341, 324 AND 504
READ WITH 34 OF IPC AND UNDER 3(1)(r)(s) AND 3(2)(v-a) OF
SC/ST (POA) ACT, IN THEIR CR.NO.263/2021, PENDING ON THE
FILE OF THE VI ADDL. DISTRICT AND SESSIONS COURT, AT
MYSORE.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THROUGH
VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for appellants and the
learned High Court Government Pleader for respondent
No.1/State and perused the material available on record.
2. The learned High Court Government Pleader
submits that respondent No.2 has been served.
3. This appeal is preferred by accused Nos.2 and
4 respectively praying to set aside the Order dated
03.09.2021 passed in Crl. Misc. No.1593/2021 by the
learned VI Addl. District and Special Judge, Mysuru,
rejecting the application filed under Section 438 of
Cr.P.C.
4. On a complaint lodged by one Tayamma,
Crime No.263/2021 was registered at Bilikere Police
Station, Mysuru District, against accused Nos.1 to 4 for
offences punishable under Sections 341, 324, 504 r/w 34
of IPC, Sections 3(1)(r)(s) and 3(2)(v-a) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 [hereinafter referred to as 'SC and
ST (POA) Act' for short].
5. The appellants are shown as accused Nos.2
and 4 respectively. It is alleged that on 08.08.2021 at
about 3.00 p.m., the accused persons picked up quarrel
with the complainant and abused her in filthy language
referring to her caste and also assaulted her with a
repiece patti on her face, hands and right thigh. The
quarrel was pacified by one Cheluva and thereafter she
was taken to General Hospital at Hunsur for treatment.
6. The petition filed under Section 438 of Cr.P.C.
by the accused was rejected by the learned Special
Judge observing that the alleged offences are heinous in
nature, as the investigation in the case are not
completed and in view of specific bar under Section 18-A
of the Act and also considering the nature and gravity of
the offence, the accused are not entitled for the relief.
7. I have perused the averments made in the
complaint. The alleged incident has taken place on
08.08.2021 at about 3.00 p.m. The complaint is lodged
on 09.08.2021 at 12.00 noon. Even accepting the
averments in the complaint, the allegations of abusing
the complainant in filthy language referring to her caste
as well as assaulting her with a repiece patti is attributed
against accused No.1. The allegations against the
appellants viz. accused Nos.2 and 4 are that accused
No.2 held the complainant and accused No.4 abused the
complainant in filthy language. It is not alleged that
even the appellants/accused Nos.2 and 4 have also
abused the complainant referring to her caste or
insulting her taking the name of her caste in public view.
Hence, at this stage, it cannot be said that there is a
prima facie case against the appellants/accused Nos.2
and 4 attracting the provisions of the SC and ST [POA]
Act and therefore the bar under Section 18-A of the SC
and ST [POA] Act cannot be made applicable to the case
on hand.
8. The appellants have undertaken to cooperate
with the investigation and abide by condition/s. In the
facts and circumstances, the relief sought by the
appellants can be granted by imposing conditions.
Accordingly, the following:
ORDER
Criminal appeal is allowed.
The Order dated 03.09.2021 passed in Crl. Misc.
No.1593/2021 by the VI Addl. District and Special Judge
at Mysuru, is hereby set aside.
Appellants/accused Nos.2 and 4 are ordered to be
released on bail in the event of their arrest in Crime
No.263/2021 of Bilikere Police Station, Mysuru District,
subject to following conditions:
(1) Appellants shall appear before the
Investigation Officer within a period of
one week from the date of receipt of a
copy of the order and shall execute a
personal bond each in a sum of
`50,000/- [Rupees Fifty Thousand Only]
with two sureties for likesum.
(2) Appellants shall furnish proof of their
residential address and they shall inform
the Investigation Officer/Court if there is
any change in the address.
(3) Appellants shall not leave the
jurisdiction of the trial Court till
conclusion of the investigation and they
shall make themselves available for
investigation as and when necessary.
(4) Appellants shall not tamper with the
prosecution witnesses and they shall not
put any threat or inducement to the
victim/complainant in any manner.
(5) Appellants shall be regular in attending
the Court Proceedings.
Sd/-
JUDGE
Ksm*
