Ramesh And Anr vs The State And Anr
2021 Latest Caselaw 3450 Kant

                            1




          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 18TH DAY OF OCTOBER 2021

                        BEFORE

       THE HON'BLE MR. JUSTICE H.P.SANDESH

          CRIMINAL APPEAL No.200182/2021

BETWEEN:

1.     RAMESH S/O SHARANAPPA
       AGE: 26 YEARS
       OCC: PRIVATE SERVICE

2.     DEVAPPA @ DEVINDRA
       S/O CHANDAYYA GUTTEDAR
       AGE: 27 YEARS, OCC: BUSINESS


BOTH ARE R/O GUDUR(SA) VILLAGE
TQ. JEWARGI
DIST. KALABURAGI-585310
                                            ... APPELLANTS

(BY SRI SANTOSH PATIL, ADVOCATE)


AND:

1.     THE STATE THROUGH JEWARGI P.S.,
       TQ. JEWARGI, DIST. KALABURAGI
       (REPRESENTING BY LEARNED
       ADDL. STATE PUBLIC PROSECUTOR
       HIGH COURT OF KARNATAKA AT
       KALABURAGI-585105)

2.     KALLAPPA S/O HANMANTH PYARSABADI
       AGE: 21 YEARS, OCC: DRIVER
       R/O GUDUR(SA) VILLAGE, TQ. JEWARGI
                                   2




      DIST. KALABURAGI-585310
                                                ... RESPONDENTS

(BY SRI GURURAJ V. HASILKAR, HCGP)

     THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A(2)
OF   THE      SCHEDULED    CASTES     AND   SCHEDULED   TRIBES
(PREVENTION OF ATROCITIES) ACT, 1989, PRAYING TO ALLOW
THE APPEAL AND SET ASIDE THE ORDER DATED 24.08.2021 IN
CRL.MISC.NO.1453/2021 REJECTING THE BAIL PETITION FILED
BY THE APPELLANTS UNDER SECTION 438 OF CR.P.C., AND
ISSUE DIRECTION TO THE RESPONDENT-JEWARGI POLICE
STATION, TQ. JEWARGI, DIST. KALABURAGI, TO RELEASE THE
APPELLANTS ON BAIL IN THE EVENT OF THEIR ARREST IN
CRIME   NO.152/2021       OF   JEWARGI   POLICE   STATION,   TQ.
JEWARGI, DIST. KALABURAGI, PENDING ON THE FILE OF II-
ADDITIONAL DISTRICT AND SESSIONS JUDGE, KALABURAGI,
FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 341,
354, 504, 506 R/W SECTION 34 OF IPC AND UNDER SECTIONS
3(1)(r), 3(1)(w) & (i) OF SC/ST (P.A.) ACT, 1989.


      THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                           JUDGMENT

This appeal is filed under Section 14A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989, seeking to enlarge

appellants/accused Nos.1 and 2 on bail in the event of

their arrest in respect of Crime No.152/2021 of Jewargi

Police Station, for the offences punishable under Sections

323, 341, 354, 504, 506 r/w Section 34 of IPC and

Sections 3(1)(r), 3(1)(w) & (i) of the Scheduled Castes

and Scheduled Tribes (Prevention of Atrocities) Act, 1989

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

2. The factual matrix of the case is that the

accused persons came near the house of the complainant

on 05.08.2021 and abused the complainant and his family

members taking their caste name and humiliated them in

the presence of public. When the victim and others came

to the rescue of the other members of the family, they

were assaulted and the accused have outraged the

modesty of a woman. Based on the complaint lodged on

the next day, case is registered against the appellants

herein.

3. The learned counsel appearing for the

appellants would vehemently contend that the contents of

the complaint do not disclose any prima facie case against

the appellants herein and do not attract the bar under

Section 18 of the SC/ST (PA) Act. The other offences

alleged against the appellants are not punishable with

death or imprisonment for life. Hence, the appellants are

entitled for bail.

4. Per contra, the learned High Court Government

Pleader appearing for the respondent-State would submit

that the appellants herein who are arrayed as accused

Nos.1 and 2 went near the house of the complainant and

abused the complainant taking his caste name and

outraged the modesty of a woman and the appellants have

shared common intention. Since there is a bar under

Section 18 of the SC/ST (PA) Act, the Court cannot

entertain a petition under Section 438 of Cr.P.C.

5. Heard the learned counsel appearing for the

parties and perused the complaint averments. In view of

the judgment of the Hon'ble Apex Court in the case of

Prathvi Raj Chauhan vs. Union of India and others

reported in 2020 SCC OnLine SC 159, wherein the

Hon'ble Apex Court held that if the allegations made in the

complaint prima facie attracts the offences under the

special enactment, the accused are not entitled for bail.

However, if the complaint does not disclose the offences

under the special enactment, the Court can exercise the

discretion extending the benefit under Section 438 of

Cr.P.C. Having considered the contents of the complaint

which specifically discloses that appellant No.1 herein

abused the complainant and his family members by taking

their caste name, hence, I am of the opinion that this is

not a fit case to exercise discretion in favour of appellant

No.1 since there is a bar under Section 18 of the SC/ST

(PA) Act. Since the complaint does not prima facie disclose

that appellant No.2 abused the complainant and his family

members by taking the name of their caste and the other

offences alleged are not punishable with death or

imprisonment for life, I am of the opinion that this Court

can exercise the power under Section 438 of Cr.P.C., in

favour of appellant No.2. However, in order to safeguard

the interest of the prosecution, it is necessary to impose

certain conditions while granting bail in respect of

appellant No.2/accused No.2.

6. In view of the observations made above, I pass

the following:

ORDER

The appeal is partly allowed. The appeal in respect

of appellant No.1/accused No.1 is rejected. The appeal in

respect of appellant No.2/accused No.2 is allowed.

Consequently, appellant No.2/accused No.2 shall be

released on bail in the event of his arrest in connection

with Crime No.152/2021 of Jewargi Police Station, Tq.

Jewargi, for the offences punishable under Sections 323,

341, 354, 504, 506 r/w Section 34 of IPC and Sections

3(1)(r) and 3(1)(w) & (i) of SC/ST (PA) Act, subject to the

following conditions:-

(i) The appellant No.2/accused No.2 shall surrender himself before the Investigating Officer within ten days from the date of receipt of a certified copy of

this order and shall execute a personal bond for a sum of `50,000/- (Rupees Fifty Thousand Only) with one surety for the like-sum to the satisfaction of the concerned Investigating Officer.

(ii) The appellant No.2/accused No.2 shall not indulge in hampering the investigation or tampering the prosecution witnesses.

(iii) The appellant No.2/accused No.2 shall co-operate with the Investigating Officer to complete the investigation and he shall appear before the Investigating Officer, as and when called for.

(iv)    The appellant No.2/accused No.2 shall
        not    leave    the        jurisdiction    of    the
        Investigating     Officer        without        prior

permission till the charge sheet is filed or for a period of three months, whichever is earlier.

(v) The appellant No.2/accused No.2 shall mark his attendance once in a month i.e., on 30th of every month between

10.00 am and 5.00 pm., before the Investigating Officer for a period of three months or till the charge sheet is filed, whichever is earlier.

Sd/-

JUDGE

NB*