Anjineyya S/O Ambanna vs The State Of Karnataka And Anr
2021 Latest Caselaw 3065 Kant

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           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

         DATED THIS THE 30TH DAY OF JULY 2021

                          BEFORE

       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

         CRIMINAL APPEAL NO.200127/2021
Between:

Anjineyya S/o Ambanna
Aged about 46 years,
Occ : Fisherman,
R/o Arashinigi Village,
Taluk and district Raichur.

                                             ... Appellant
(By Sri B.V.Jalde, Advocate)

And:

1. The State of Karnataka
   Through Netajinagar Police Station,
   Raichur.
   Represented by Addl. SPP,
   High Court of Karnataka
   Kalaburagi Bench.

2. Urukundappa s/o Kolami Narasappa,
   Age : 49 years, Occ : Agriculture,
   R/o Labour Colony, Devasugur Village,
   Tq & Dist : Raichur.
                                           ... Respondents

(By Sri Gururaj V.Hasilkar, HCGP for R1;
Notice to R2 served)
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     This Criminal Appeal is filed under Section 14(2) of
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 praying to set aside the order dated
19.03.2021 in Crl.Misc.No.311/2021 in Spl.Case (A)
No.133/2020 passed by the I Addl. Sessions Judge,
Raichur by allowing the appeal and consequently direct the
respondent No.1 - Netajinagar Police, Raichur to release
the appellant on anticipatory bail in the event of his arrest
in connection with Crime No.77/2019 for the offences
punishable under Sections 323, 324, 504, 506 read with
Section 34 of IPC and Sections 3(1)(r)(s), 3(2)(va) of
SC/ST (PA) Act, registered by Netajinagar Police Station,
Raichur pending on the file of I Addl. Sessions Judge
(Special Court), Raichur.

      This appeal coming on for Admission, this day, the
Court delivered the following:

                        JUDGMENT

This appeal is preferred praying to set aside the

order dated 19.03.2021 passed by the I Additional

Sessions Judge, Raichur in Special Case (A) No.133/2020,

wherein, the petition filed under Section 438 Code of

Criminal Procedure (for short, 'Cr.P.C') was rejected.

2. Charge-sheet has been filed against accused

Nos.1 and 2 for offences punishable under Sections 323,

341, 504 and 506 read with Section 34 of Indian Penal

Code and Sections 3(1), (r), (s), 3(2)(va) of SC/ST (PA)

Act, 1989 (for short, 'SC/ST (PA) Act).

      3.     It        is    the    case    of   prosecution   that   on

28.11.2019        at        about   11.00    a.m.,   accused    persons

wrongfully restrained the first informant and his friend

Bheemesh and abused in filthy language taking the name

of the caste and threatened with dire consequences telling

that they should not catch fish from Krishna River. It is

further alleged that accused No.1 dragged them by holding

the banyan and threatened by pointing a knife towards

them etc.

4. The petition filed under Section 438 of Cr.P.C

seeking anticipatory bail was rejected by the learned

Sessions Judge holding that available material clearly

shows the existence of a prima facie case against the

appellant and therefore the court has no power to grant

anticipatory bail in view of Section 18 of the SC/ST (PA)

Act, 1989.

5. The learned counsel for appellant submits that

the appellant is innocent and he has been falsely

implicated. He further submits that accused No.2 has been

enlarged on bail by the learned Sessions Judge in

Crl.Misc.No.309/2021 vide order dated 30.03.3021.

6. The learned High Court Government Pleader

has sought to dismiss the appeal contending that there is a

prima facie case against the appellant.

7. In the complaint, allegations are made against

the accused stating that they restrained the complainant

as well as one Bheemesh (CW.4) and abused them taking

the name of their caste and assaulted etc. Hence, I am of

the considered view that the appellant is not entitled for

anticipatory bail. Now the Investigation is completed and

charge-sheet has been filed. Considering the facts and

circumstances, I deem it appropriate to direct the

appellant to appear before the jurisdictional Special Court

within a period of one week from the date of receipt of a

certified copy of this order and file an application under

Section 439 of Cr.P.C. In that event the learned Special

Judge shall dispose of the said application in accordance

with law on the very same day keeping in view that

accused No.2 has been already enlarged on bail.

With the above observation, the appeal is disposed

off.

Sd/-

JUDGE

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