Bhimaraya @ Dongli Bhima S/O ... vs The State Of Karnataka And Anr
2021 Latest Caselaw 3277 Kant

                            1


           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 1ST DAY OF SEPTEMBER, 2021

                        BEFORE

       THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ


        CRIMINAL APPEAL NO.200157 OF 2021

BETWEEN:

BHIMARAYA @ DONGLI BHIMA
S/O. BHIMASHAPPA AMBIGERA
AGE: 35 YEARS,
OCC : AGRICULTURE
R/O. NEAR BURANSAB DARGA
KOLIWADA YADGIRI
TQ & DIST: YADGIRI.
                                        ... APPELLANT

(BY SRI. RAJESH DODDAMANI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
YADGIRI TOWN POLICE STATION
REPRESENTED BY ADDITIONAL
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585 102.

2. BHIMRAYA
S/O. S/O. NAGAPPA BENKANAL
AGE: 29 YEARS, OCC: BUSINESS,
R/O. KOLIWADA YADGIRI
TQ & DIST: YADGIRI.
                                  ... RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR, HCGP)
                                   2


    THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A(2)
OF CRIMINAL PROCEDURE CODE PRAYING TO SET ASIDE THE
ORDER DATED 29.06.2021 PASSED BY THE SESSIONS JUDGE,
YADGIRI IN CRL. MISC. NO.266/2021 AND CONSEQUENTLY
DIRECT       THE   RESPONDENT         POLICE   TO    RELEASE     THE
APPELLANT/ACCUSED NO.3 IN THE EVENT OF HIS ARREST IN
CRIME NO.44/2021 OF YADGIR TOWN POLICE STATION, FOR
OFFENCES PUNISHABLE UNDER SECTIONS 341, 323, 504, 506
READ WITH 34 OF IPC AND SECTIONS 3(1)(r) (s), 3(2)(v-a) OF
SC/ST (PA) ACT, 1989.


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


                            JUDGMENT

Heard the learned counsel for the appellant and the

learned High Court Government Pleader for respondent-

State and perused the material on record.

        Respondent        No.2     has     been      served,     but

unrepresented.

2. Appellant is arraigned as accused No.3 in

Crime No.44/2021 of Yadgir Town Police Station,

registered for offences punishable under Sections 341,

323, 504, 506 read with 34 of IPC and Sections 3(1)(r),

3(1)(s) and Section 3(2)(v-a) of SC/ST (POA) Act, 1989

('SC/ST Act' for short). On completion of investigation,

charge sheet has been filed against Accused Nos.1 to 3.

3. Brief facts of the case are that, CW4 Ramanna

was working as a Tractor Driver under Accused No.1. He

left the job since accused No.1 was not paying him salary

regularly. Thereafter he started working as a Hamali at

Gunj, Yadgir. Accused No.1 was under the impression that

the first informant Sri. Bhimaraya (CW1) was responsible

for CW4 to quit the job. Hence, he was nurturing ill-will

against CW1 and CW4. On 04.04.2021 at about 10.30

p.m., when CW1 was proceeding on his motor cycle near

Sydapura Hotel, accused Nos.1 to 3 stopped him and

picked up quarrel with him. Thereafter, CW1 went to his

house. On 05.04.2021 at about 8.30 a.m., when CW1 and

CW4 were proceeding to their house, accused Nos.1 to 3

wrongfully restrained them and abused them taking the

name of their caste as "lay vaddara soolemagane".

Further, accused Nos.1 and 2 assaulted them by hands

and accused No.3 kicked them. Thereafter they threatened

them with dire consequences and went away.

4. It is the contention of the learned counsel for

appellant that the entire allegations are false and appellant

is falsely implicated, making reckless allegations. He

contends that there is an inordinate delay in lodging the

complaint. He submits that omnibus allegations are made

against all the accused that they have abused the

complainant in filthy language taking the name of caste.

He contends that injury sustained by CW1 and CW4 are

simple in nature. It is his further contention that the

provisions of SC/ST (PA) Act are not attracted and

therefore there is no bar for granting of anticipatory bail to

the appellant.

5. Learned High Court Government Pleader has

contended that the accused persons have abused CW1 and

CW4 insulting their caste as "vaddara soolemagane".

Therefore, he contends that the provisions of SC/ST (PA)

Act are applicable and therefore, the appellant is not

entitled to the relief sought in the appeal. He submits that

there are eye witnesses to the incident in question and

therefore, the court below has rightly rejected the prayer

of the appellant and accordingly seeks to reject the appeal.

6. The incident is alleged to have taken place on

05.04.2021 at about 8.30 p.m., complaint is lodged on

06.04.2021 at about 5.30 p.m., The motive is attributed

against accused No.1.

7. It is alleged that all the accused picked up

quarrel with CW1 and 4, abused them as "vaddara

soolemagane" and assaulted with hands and kicked them.

It is not specifically stated that this appellant abused either

CW1 or CW4 taking the name of the caste. On the other

hand, omnibus allegations are made. It is difficult to

accept at this stage that all the accused used the same

word and together abused the victim as alleged by them.

It is not the case of prosecution that on the ground that

the victims belong to scheduled caste, the accused persons

have picked up quarrel and abused them as alleged. The

court below has failed to consider these aspects. At this

stage, it cannot be said that a prima facie case has been

made against the appellant. Appellants No.1 and 2 are

already enlarged on bail. Investigation is completed and

charge sheet has been filed. In that view of the matter, by

imposing conditions, the relief sought by the appellant can

be granted. Accordingly, the following :

ORDER

Appeal is allowed.

Order dated 29.06.2021 passed by the Court of the

Sessions Judge at Yadgiri in Crl.Misc. No.266/2021 is set

aside. Appellant/accused No.3 shall be released in the

event of his arrest in Crime No.44/2021 of Yadgir Town

Police Station, pending on the file of the Court of Sessions

Judge, Yadgiri in Spl. C. No.38/2021, subject to following

conditions :

(i) Appellant/Accused No.3 shall appear

before the jurisdictional court within a

period of ten days from the date of receipt

of a copy of this order and shall execute a

personal bond in a sum of `1,00,000/-

(Rupees One Lakh only) with a surety for

likesum to the satisfaction of the learned

Sessions judge.

(ii) He shall furnish proof of his residential

address and ID proof and shall inform the

court if there is change in the address.

(iii) He shall not tamper the prosecution

witnesses/evidence either directly or

indirectly.

(iv) He shall not leave the jurisdiction of the

trial court without prior permission of the

learned Sessions Judge.

(v) He shall not involve in any criminal

activities.

(vi) He shall appear before the trial court on

every date of hearing without fail.

Sd/-

JUDGE

snc