Karnataka High Court

Dr Rakesh Shetty vs The State Of Karnataka on 7 February, 2022

Bench: K.S.Mudagal

                                          CRL.A.No.38/2022
                                    C/W CRL.A.No.1821/2021
                           1



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 7TH DAY OF FEBRUARY 2022

                        BEFORE

       THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

           CRIMINAL APPEAL NO.38/2022
                          C/W
         CRIMINAL APPEAL NO.1821/2021
CRL.A.NO.38/2022
BETWEEN:

SRI.SANTHOSH @ SANTHOSH KUMAR S
S/O K.SAMPANGIRAMAIAH
AGED ABOUT 39 YEARS
RESIDING AT NO.104/6
4TH 'B' MAIN ROAD
GOVINDARAJANAGAR
BANGALORE - 560 040                        ...APPELLANT

(BY SMT.N.PADMAVATHI, ADV.)

AND:

1.     STATE BY BAGALURU POLICE STATION
       BANGALORE
       REPRESENTED BY PUBLIC PROSECUTOR
       HIGH COURT OF KARNATAKA
       BANGALORE - 560 001

2.     SRI.MURALI
       S/O VENKATSWAMY
       AGED 26 YEARS
       RESIDING AT M HOSALLI
       JALA HOBLI
                                             CRL.A.No.38/2022
                                      C/W CRL.A.No.1821/2021
                            2



       YALAHANKA TALUK
       BANGALORE CITY - 562 149         ... RESPONDENTS

(BY SRI.SHANKAR H.S., HCGP FOR R1;
    VIDE ORDER DATED 07.02.2022 SERVICE OF NOTICE TO
    R2 HELD SUFFICIENT; R2 SERVED & UNREPRESENTED)

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)
(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE
ORDER PASSED BY THE LEARNED II ADDL DISTRICT AND
SESSIONS JUDGE AND SPL. JUDGE AT BENGALURU RURAL
DISTRICT,     BENGALURU      DATED      10.12.2021     IN
CRL.MISC.NO.1858/2021 AND DIRECT THE INVESTIGATING
OFFICER IN CHARGE OF CR.NO.214/2021 OF BAGALURU
POLICE   STATION TO     ENLARGE    THE    APPELLANT   ON
ANTICIPATORY BAIL, IN THE EVENT OF HIS ARREST IN
CR.NO.214/2021 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 323, 324, 342, 504, 506 R/W SECTION 34 OF IPC
AND UNDER SECTIONS 3(1)(a),3(1)(r),3(1)(s) OF SC/ST (POA)
ACT, PENDING ON THE FILE OF THE LEARNED II ADDL.
DISTRICT AND SESSIONS JUDGE AND SPL. JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU.

CRL.A.NO.1821/2021:
BETWEEN:

DR.RAKESH SHETTY
S/O N.K.SHETTY
AGED ABOUT 50 YEARS
DR AT MARUTHI HOSPITAL
R/AT NO.209
ASHOKA NEST, 2ND FLOOR
THIPPANNA LAYOUT
KOTHANUR, BANGALORE - 77                     ...APPELLANT

(BY SRI.S.SHANKARAPPA, ADV.)

AND:

1.     THE STATE OF KARNATAKA BY
       BAGALURU POLICE STATION
       REPRESENTED BY
                                                 CRL.A.No.38/2022
                                          C/W CRL.A.No.1821/2021
                            3



     STATE PUBLIC PROSECUTOR
     HIGH COURT BUILDING

2.   MURALI
     S/O VENKATASWAMY
     AGED 26 YEARS
     AUTO DRIVER
     M HOSALLI VILLAGE
     JALA HOBLI
     YALAHANKA TALUK
     BANGALORE CITY - 560 063                 ...RESPONDENTS

(BY SRI.SHANKAR H.S., HCGP FOR R1;
    R2 SERVED AND UNREPRESENTED)

      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)
(2) OF SC/ST (POA) ACT, 2015 PRAYING TO SET ASIDE THE
ORDER PASSED IN CRIME NO.214/2021 BEFORE THE II ADDL.
DISTRICT AND SESSIONS JUDGE AT            BENGALURU RURAL
DISTRICT, BENGALURU AND TO ENLARGE HIM ON BAIL IN FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 342,
504, 506 R/W SECTION 34 OF IPC AND UNDER SECTIONS
3(1)(a),3(1)(r),3(1)(s) OF SC/ST (POA) ACT.

      THESE CRIMINAL APPEALS COMING ON FOR ORDERS
THIS DAY, THE COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

Learned High Court Government Pleader submits

report of Investigating Officer regarding service of notice

on respondent No.2. Respondent No.2 served,

unrepresented.

2. Appellant in Criminal Appeal No.38/2022 is

accused No.6 and appellant in Criminal Appeal CRL.A.No.38/2022 C/W CRL.A.No.1821/2021

No.1821/2021 is accused No.1 in Crime No.214/2021 of

Bagaluru police station.

3. Respondent No.1 police have charge sheeted

the appellants and five others for the offences punishable

under Sections 323, 324, 326, 342, 504, 506 read with

Section 34 of IPC and Sections 3(1)(a), 3(1)(r), 3(1)(s)

and 3(2)(v) of Scheduled Caste and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 ('the Act' for short) on

the basis of the complaint of CW.1 Murali.

4. The case of the prosecution in brief is as

follows:

That accused No.1 is the owner of the Maruthi

hospital, Yalahanka. CW.1 is the Auto Driver. Accused

No.1 had organised dinner in Country club situated in

Sathanoor village. Accused No.1 hired auto of CW.1 to

carry the food items from the hotel of CW.18 to Country

club and bring CW.17. During that process they made

CW.1 to over stay in the Country club and Maruti Hospital.

They forcibly administered alcohol to him, assaulted him in CRL.A.No.38/2022 C/W CRL.A.No.1821/2021

front of Maruthi Hospital and in Country club and caused

him grievous injuries. Accused Nos.1 and 3 abused CW.1

with reference to his caste and humiliated him.

5. In the FIR except the name of accused No.1,

other names were not shown. The alleged incident said to

have taken place on 04.11.2021 between 10.30 p.m. to

11.30 p.m. in Country club. CW.1 filed complaint on

08.11.2021 at 7.p.m. FIR is delivered to the Court on

09.11.2021 at 10.15 a.m.

6. In the complaint CW.1 did not name the

appellant Santhosh in Crl.A.No.38/2022 as assailant. For

the first time in the remand application dated 10.11.2021,

he was shown as accused No.5. But there were no specific

allegations against him. While filing charge sheet he is

shown as accused No.6.

7. On 04.11.2021 CW.1 was purportedly

examined in Yalahanka hospital. At that time on the

statement of CW.1 dated 05.11.2021 the case was CRL.A.No.38/2022 C/W CRL.A.No.1821/2021

registered only as Non Cognizable Report. In that

complaint there were no allegations of caste based

discrimination or assault.

8. In his statement dated 08.11.2021 he says

that accused assaulted him in Country club and urinated in

his mouth. But he gave further statement on 09.11.2021

saying that such allegations were made under

misconception. The statements of CW.11 the Manager,

CW.12 and 13 the servants in Country club, CW.14 the

security guard of Country club, CW.15 the Maruthi Hospital

staff, CW.17 the Technician of the said hospital do not

implicate the appellants in any manner. As against that,

as per the charge sheet records and the aforesaid

statements, respondent No.2 himself was in inebriated

condition.

9. In the charge sheet accused No.6 was shown

as absconding accused. Accused No.1 was arrested on

09.11.2021 since then he is in judicial custody. The trial

Court by the impugned order rejected the bail and CRL.A.No.38/2022 C/W CRL.A.No.1821/2021

anticipatory bail petitions of the appellants on the ground

that there is prima-facie material to show the caste based

discrimination etc. The trial Court further held that in the

light of such allegations Section 18A of the Act bars

granting of anticipatory bail.

10. Accused No.6 has produced his son's caste

certificate and his School records. As per those records

accused No.6 also belongs to the Scheduled caste. In the

charge sheet there is no allegation of caste based

discrimination against him. Therefore the trial Court was

not justified in invoking Sections 18 and 18A of the Act

against him.

11. Investigation is already completed. Except for

trial the detention of the appellants is not required for any

other purposes. The above facts and circumstance show

that there were inconsistencies and contradictions in the

statements of respondent No.2 himself about the

occurrence of incident. The statements of charge sheet

witnesses CW.11, 12, 13, 14, 15 and 17 create doubt CRL.A.No.38/2022 C/W CRL.A.No.1821/2021

about the role of the appellants. Under such circumstance,

it is not just and fair to subject the appellants to pre-trail

conviction and sentence. Therefore the appeals are

allowed.

The impugned orders are hereby set aside. The

applications of the appellant for anticipatory bail and bail

are hereby allowed.

The appellants are granted anticipatory bail and bail

in Crime No.214/2021 which is now pending in Spl.C.C.

No.13/2022 on the file of II Additional District and

Sessions Judge & Special Judge at Bengaluru Rural District.

The appellant in Crl.A.No.38/2022 shall be released

on bail in the event of his arrest and the appellant in

Crl.A.No.1821/2021 shall be released on bail in the

aforesaid case subject to the following conditions:

(i) The appellant in Crl.A.No.38/2022 shall appear before Investigating Officer/trial Court within ten days from the date of receipt of copy of this order.

CRL.A.No.38/2022 C/W CRL.A.No.1821/2021

(ii) The appellants shall execute personal bond in a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties in the like sum to the satisfaction of the Investigating Officer/trial Court;