Arunkumar vs The State By Kirugavalu Police
2022 Latest Caselaw 11283 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 4 T H DAY OF AUGUST, 2022

                        BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

        CRIMINAL APPEAL NO.1154 OF 2022

BETWEEN:

Arunkumar
S/o Erankegowd a @ Thammaia
Aged about 47 years
Residing at Bend aravadi Villag e
Malavalli Taluk
Mandya
Pin Code-577133.
                                           ...Appellant
(By Sri C.N. Raju, Advocate)


AND:

1.   The State by Kirugavalu Police
     Mandya, Rep resented b y SPP
     Hig h Court of Karnataka
     Bang alore-560001.

2.   Prabhavathi B.M
     W/o Shivakumar B.M
     Aged about 35 years
     Residing at Bend aravad i Village
     Malavalli Taluk
     Mandya
     Pin Code-577133.
                                         ...Respondents
(By Sri K. Rahul Rai, HCGP for R1;
 R2 served - unrep resented)
                                       :: 2 ::


       This       Criminal         Appeal    is   filed     under     Section
14(A)(2) SC/ST (POA) act, praying to set asid e the
order passed by the V Additional District and Sessions
Judge at Mandya in CR. No.47/2022 of Kirug avalu
Police,     Mandya           dated    16.06.2022          for   the   offence
punishab le under Section 323,307,302,504,506 read
with   Section          34    of    IPC   Section    3(1)(r);3(1)(s)       of
SC/ST (POA) amendment act 2015 and grant bail to
the appellant by allowing this appeal.


       This Criminal Appeal coming on for admission
this d ay, the Court d elivered the following:

                                   JUDGMENT

Heard Sri C.N.Raju, learned counsel for the

appellants and the learned High Court Government

Pleader for respondent No.1-State. Respondent

No.2 is absent inspite of service of notice on her.

2. This is an appeal filed under Section

14(A) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act (SC/ST Act for

short), challenging the order dated 16.06.2022

passed by the V Additional District and Sessions

Judge, Mandya in Cr.No.47/2022, rejecting the :: 3 ::

appellant's application filed under Section 439 of

Cr.P.C.

3. Perusal of the impugned order just

discloses reference being made to some judgments

of this court and the Supreme Court; it does not

disclose application of mind to the facts placed

before the court.

4. Here is a case where the FIR was

registered on 11.05.2022 for the offences

punishable under Sections 323, 307, 504 and 506

of IPC. It appears that the death of the first

informant's husband occurred on 12.05.2022. The

background is that when the deceased stopped the

lorry in which soil was being transported, accused

Nos.1 and 2 picked up quarrel with the deceased.

Accused No.1 pushed down the deceased and

consequently the latter sustained injury to his

head. He was treated in the hospital for a few

days.

:: 4 ::

5. The charge sheet made available by the

learned HCGP now shows that it is filed for the

offence under Sections 323, 304 read with Section

34 of IPC and Section 3(2)(v) of the SC/ST Act.

6. If the entire case is analyzed in the

background of the facts reported to the police, it

appears firstly that the quarrel did not take place

in the background of caste factor. Very routinely

the police registered FIR invoking the provisions of

Atrocities Act as the deceased belonged to

scheduled caste without verifying whether really

an offence under the SC/ST Act had taken place or

not.

7. Secondly, it may be stated that the

specific overt act of pushing down the deceased

was against accused No.1. So far as accused No.2

who is appellant herein is concerned, it is just

stated that he has assaulted the deceased with his

hands. Without noticing the facts in this manner, :: 5 ::

the court below has simply rejected his bail

application. Therefore I find an absolute case for

granting bail to the appellant. Hence the

following:

ORDER

Appeal is allowed.

The order passed by the V Additional District and Sessions Judge, Mandya dated 16.06.2022 in Cr.No.47/2022 on the application of the appellant under Section 439 Cr.P.C., is set aside. The said application is allowed.

The appellant is admitted to bail on obtaining from him a bond for Rs.50,000/- (Fifty Thousand only) and providing two sureties for the likesum to the satisfaction of the trial court. The appellant is also subjected to following conditions:-

      i.    He       shall    not         tamper       with    the
            evidence               collected           by      the
            investigating           officer      and     threaten
            the witnesses.
                             :: 6 ::

ii. He shall regularly appear before the trial court till conclusion of the trial.

iii. He shall not get involved in any other criminal case/s in future. In case of any FIR is registered against him, the same will be considered for cancellation of bail.

Sd/-

JUDGE

Kmv/-