Ashoka R Urs vs The State
2022 Latest Caselaw 11481 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGAL URU

     DATED THIS THE 22 N D DAY OF AUGUST, 2022

                        BEFORE

THE HON'BLE MR . JUSTICE SREEN IVAS HARISH KUMAR

       CRIMINAL APPEAL NO.1132 OF 2022

BETWEEN:

Ashoka R Urs
S/o Late Ramaraje Urs B T
Aged about 39 years
R/o Bendaravadi village
Kirugavalu Hobli
Malavalli Taluk
Mandya District - 571 430
                                            ...Appellant
(By Sri Dilraj Jude Rohit Sequeira, Advocate)


AND:

1.   The State
     Rep. by Kirugavalu Police Station
     Bengaluru, Rep. by Public Prosecutor
     High Court B uild ing
     Bangalore-560001.

2.   Prabhavathi B .M
     W/o Shivakumar B.M
     R/o Bendaravadi Village
     Kirugavalu Hobli
     Malavalli Taluk
     Mandya District- 571 430
                                        ...Respondents
(By Sri K. Rahul Rai, HCGP for R 1;
 R2 served - unrepresented)
                               :: 2 ::


     This   Criminal     Appeal     is   filed   under   Section
14(A)(2) SC/ST (POA) act, praying to set aside the
order of dismissal of anticipatory bail petition dated
16.06.2022 passed by the V Additional District and
Sessions Judge at Mandya in Crl.Misc.No.447/2022 for
the offence punishable under Sections 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 day, the Court delivered the following:

                         JUDGMENT

Heard Sri Dilraj Jude Rohit Sequeira, learned

counsel for the appellant and the learned High

Court Government Pleader for respondent No.1-

State. Respondent No.2 has been served but there

is no representation from her.

2. This is an appeal filed under Section

14(A)(2) 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 :: 3 ::

Judge, Mandya in Crl.Misc.No.447/2022, rejecting

the appellant's application filed under Section 439

of Cr.P.C., in connection with Crime No.47/2022

registered by the Kirugavalu Police for the

offences punishable under Sections 323, 307, 302,

504 and 506 read with Section 34 of IPC and

Sections 3(1)(r) & 3(1)(s) of SC/ST Act.

3. The appellant is accused No.1. Though

the FIR was registered for the offences under the

Atrocities Act, a perusal of the FIR shows that

probably the quarrel between the deceased and

the accused took place for not repairing the road.

There is an allegation against the appellant that he

pushed the deceased down and as a result, he

sustained an injury on the back of his head. This

quarrel took place on 25.04.2022. The deceased

became unconscious and died in the hospital on

08.05.2022. Therefore the FIR which was

registered earlier for the offence under Section :: 4 ::

307 of IPC was later on converted into Section 302

of IPC. Whether accused No.1 had an intention to

kill the deceased is a matter to be decided by the

trial court. At this stage I do not find prima-facie

materials for implicating the appellant for the

major offence under Section 302 of IPC. Even

there are no prima-facie materials for the offences

said to have been committed under the provisions

of Atrocities Act. Hence the following:

ORDER

Appeal is allowed.

The order passed by the V Additional District and Sessions Judge, Mandya dated 16.06.2022 in Crl.Misc. No.447/2022 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 :: 5 ::

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.

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/-