Shivu S/O. Parasappa Gangamatha vs The State Of Karnataka
2021 Latest Caselaw 2915 Kant

           IN THE HIGH COURT OF KARNATAKA
                   DHARWAD BENCH

         DATED THIS THE 22 N D DAY OF JULY 2021
                          BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

          CRIMINAL APPEAL NO.100148 OF 2021

   BETWEEN

   1.    SHIVU S/ O. PA RAS APPA GAN GAMATHA
         AGE. 25 YEARS , OCC. AGRI CULT URI ST,

   2.    RAGHU S/O. NA GA PPA VADDAR
         AGE. 25 YEARS , OCC. AGRI CULT URI ST,

         BOTH ARE R/ O. AN EGUNDI ,
         TQ. GANGAVATHI ,
         DIST. KOPPAL-583231.
                                      ...A PPELLANTS
   (BY SRI.B.C.JNAN AYYA SWAMI, ADV OCATE)

   AND

   1.    THE STATE OF KARNATAKA
         (THROUGH GANGA VATHI RURAL P.S .)
         R/BY ITS STATE PUBLIC PROSECUTOR
         HIGH COURT OF K ARNATAKA
         AT DHARWAD-580011

   2.    SRI. RAVIK UMAR S /O. LOKAPPA RATHOD
         AGE. 34 YEARS , OCC. DOCTOR,
         R/O. PRIMARY HEA LTH CENTRE, ANEGUNDI,
         TQ. GANGAVATHI , DIST. KOPPAL-583231.

                                         ...RESPONDENTS

   (BY SRI.RAMESH B. CHIGARI , HCGP FOR R1)
   (R-2-SERVED & UN REPRES ENTED)
                               2




      THIS CRIMINAL APPEAL IS FILED U/S 14A(2) OF
SC/ST (POA) ACT , 1989, SEEKING TO ALLOW THIS
APPEAL, SET ASIDE ORDER PASSED BY THE FILE OF
PRL. DISTRICT A ND SESSIONS / SPECIA L JUD GE A T
KOPPAL (REGIST ERED IN CRIME NO.158/ 2021 BY
RURAL P.S . GAN GAVATHI KOPPAL DIST. FOR AN
OFFENCES U/S 143, 147, 323, 332, 353, 269, 504,
506, 149 OF IPC AND SEC.5( 2) , 5( 3), 5( 4) , 6 OF THE
KARNATAKA EPID EMIC DISEASES ACT, 2020 AN D
SECTION 3 AND 4 OF KARNATAKA PROHIBITION OF
VIOLENCE AGAIN ST MEDICARE SERVICE PERSONN EL
AND DAMAGE TO PROPERTY IN MEDICARE SERVICE
INSTITUTIONS ACT 2009 AND SEC.3( 1)(r) , 3( 1)(s),
3(2)( v-a)  OF   SC  AND    ST     (PREVENTION        OF
ATROCITIES)    ACT,  1989     AND      ENLARGE      THE
APPELLANT'S     ON    REGULAR       BAIL        PEND ING
INVESTIGATION A ND TRIAL OF THE CASE.

     THIS CRIMINAL A PPEAL COMING ON FOR ORDERS
THIS DAY, T HE COURT DELIVERED THE F OLLOWING:

                         JUDGMENT

This is an appeal filed by

appellants/accused Nos.3 and 4 challenging the

order dated 16.06.2021 passed by the Principal

District and Sessions/Special Judge, Koppal,

rejecting the bail application of appellants in

Crime No.158/2021 of Gangavathi Rural Police

Station for the offences punishable under

Sections 143, 147, 323, 332, 353, 269, 504,

506, 149 OF IPC and Section5(2), 5(3), 5(4), 6

of The Karnataka Epidemic Diseases Act, 2020

and section 3 and 4 of Karnataka Prohibition Of

Violence Against Medicare Service Personnel

and Damage to Property in Medicare Service

Institutions Act 2009 and Sections 3(1)(r),

3(1)(s), 3(2)(v-a) of SC and ST (prevention of

Atrocities) Act, 1989 (hereinafter referred to as

the 'SC/ST (POA) Act', for brevity).

2. The respondent No.2, even after service of

notice, remained unrepresented.

3. The case of the prosecution is that one

doctor Ravikumar Rathod, Medical Officer,

Anegundi, PHC has lodged the complaint

stating that since 01.05.2021 he is working as

medical officer on contract basis and on

15.05.2021 at about 7.30 a.m., one

Hanamantappa Nayak was taken to his primary

health centre, as he was suffering a lot of

respiratory problem and after observing the

same, the complainant referred him to another

hospital. While, he was taking to Gangavathi

for further treatment and on the way, he died.

After his death, the appellants and other

accused forming an unlawful assembly came to

the complainant's hospital without following

rules and regulations issued by the

Government and without wearing mask, abused

the complainant in filthy language taking his

caste name and also assaulted him with hands,

held his shirt and damaged the chairs in the

hospital and they also scattered the injections

and gave life threat to him. The said complaint

came to be registered in Gangavathi Rural P.S.

Crime No.158/2021 on 15.05.2021. On the

and others were arrested. The appellants-

filed bail application and the same came to be

rejected, by order dated 16.06.2021 by the

Principal District and Sessions/Special Judge,

have challenged the said order in the present

appeal.

4. Heard the learned counsel appearing for

appellants and learned High Court Government

Pleader for respondent No.1/State. The

respondent No.2 even after service of notice,

remained unrepresented.

5. It would be the contention of the learned

counsel for the appellants/accused Nos.3 and 4

that the appellants are innocent, have not

committed any offence as alleged and they

have been falsely implicated in the case. The

offences alleged are not punishable with death

or imprisonment for life. As the charge sheet

has been filed, the appellants are not required

for any custodial interrogation. The medical

officer has sustained simple injuries i.e.

internal body pain, without considering all

these aspects the Special Court has passed the

impugned order rejecting the bail application of

the appellants, which requires interference by

this Court. With this he prayed to allow the

appeal.

6. Per contra, the learned HCGP has

contended that there are 17 eye witnesses to

the incident, the appellants and other accused

have man handled the medical officer of

Anegundi, PHC and assaulted him and casued

simple injuries i.e. body pain and deterred him

from discharging his duties. He contends that

the charge sheet material shows prima facie

case against the appellants for the offence

alleged. Considering all these aspects, the

Special Court has rightly rejected the bail

application of the appellants, which does not

call for any interference. 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, this

Court has gone through the charge sheet

records furnished by the learned HCGP and

impugned order.

8. The accusation leveled against the

appellants is that they man handled the

medical officer of Anegundi, PHC and assaulted

him with hands and damaged the chairs and

injections and deterred him from discharging

his duties as a public servant. The offences

alleged are not punishable with death or

imprisonment for life. As the charge sheet has

been filed, they are not required for any

custodial interrogation. The complainant

Medical Officer has only sustained body pain,

which is simple injury. The Special Court

without considering all these aspects has

passed the impugned order rejecting the bail

application of appellants. Therefore, the

impugned order requires to be interfered with.

The main objection of the prosecution is that

if, the appellants-accused Nos.3 and 4 are

granted with bail, they will tamper prosecution

witness and flee from justice, the said

objection may be set right by imposing some

stringent conditions.

9. 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

setting aside the impugned order and granting

bail subject to terms and conditions. Hence, I

proceed to pass the following:

ORDER

The appeal is allowed.

The impugned order dated 16.06.2021

passed by the Principal District and

Sessions/Special Judge, Koppal, is set aside

insofar as appellants-accused Nos.3 and 4 are

concerned.

The bail application filed by

appellants/accused Nos.3 and 4 under Section

439 of Cr.P.C. is allowed. Consequently, the

appellants / accused Nos.3 and 4 shall be

released on bail in Crime No.158/2021 of

Gangavathi Rural Police Station subject to the

following conditions:

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 shall not indulge in tampering the prosecution witnesses.

iii) The appellants shall attend the Court on all dates of hearing unless exempted and co-operate in speedy disposal of the case.

Sd/-

JUDGE

RM