Karnataka High Court
Basappa vs The State By K R Pet Town Police on 15 February, 2022
Bench: K.S.Mudagal
Crl.A.No.173/2022
1
M
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL No.173/2022
BETWEEN:
BASAPPA
S/O MAHADEVAPPA
AGED ABOUT 36 YEARS
R/AT BALLEKERE VILLAGE
SHEELANERE HOBLI
K.R.PETE TALUK
MANDYA - 577 133 ...APPELLANT
(BY SRI.C.N.RAJU, ADVOCATE)
AND:
1. THE STATE BY K.R.PET TOWN POLICE
MANDYA, REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE - 560 001
2. CHALUVARAJU
S/O BETTAIAH
AGED ABOUT 36 YEARS
R/AT BALLEKERE VILLAGE
SHEELANERE HOBLI
K.R.PETE TALUK
MANDYA - 577 133 ...RESPONDENTS
(BY SRI SHANKAR H.S., HCGP FOR R1;
R2 SERVED AND UNREPRESENTED)
THIS CRIMINAL APPEAL IS FILED U/S.14(A)(2) OF SC &
ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED
20.01.2022 PASSED BY THE V ADDITIONAL DISTRICT AND
SESSIONS JUDGE, MANDYA IN CRIME NO.6/2022 OF K.R.PET
Crl.A.No.173/2022
2
M
TOWN POLICE, MANDYA FOR THE OFFENCES PUNISHABLE
UNDER SECTION 341, 323, 324, 504, 506, 354B READ WITH
34 OF IPC AND SECTIONS 3(1)(r)(s), 3(1) (w)(I)(II) OF SC/ST
(POA) AMENDMENT ACT AND GRANT BAIL TO THE APPELLANT
BY ALLOWING THIS APPEAL.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Learned HCGP submits report of the Investigating
Officer regarding service of notice on respondent No.2.
Respondent No.2 served and absent.
2. Aggrieved by the rejection of his bail
application, the accused in Crime No.6/2022 of K.R.Pet
Town police station has preferred the above appeal.
3. Crime No.6/2022 was registered against the
appellant (Accused No.1) and his wife (Accused No.2) for
the offences punishable under Sections 341, 323, 324,
504, 506, 354B read with 34 of IPC and Sections 3(1)(r),
3(1)(s), 3(1)(w)(i)(ii) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Amendment
Act, 2015 on the basis of the complaint of respondent
No.2.
Crl.A.No.173/2022
M
4. It is alleged that on 09.01.2022 at 12.00
noon when respondent No.2 and his wife were proceeding
near shop of the appellant in Ballekere Village, K.R.Pet
Taluk, the appellant and his wife abused respondent No.2
and his wife with reference to their caste objecting they
using the road street situated in front of the shop of the
appellant. It is further alleged that the appellant and his
wife assaulted respondent No.2 by their hands and spade
and caused her grievous injuries. It is alleged that the
appellant tried to disrobe the wife of respondent No.2 and
attempted to outrage her modesty.
5. The appellant was arrested on 09.01.2022.
The trial Court by the impugned order rejected the bail
application on the ground that the injured victim is still
taking treatment in the hospital and if bail is granted,
there is likelihood of disturbance in the village.
6. Subsequent to the impugned order, the trial
Court itself has granted anticipatory bail to the wife of the
appellant. The copy of the said order is submitted for
perusal of this Court. The said order indicates that with
Crl.A.No.173/2022
M
regard to the same incident on the basis of the complaint
filed by the appellant, case in Crime No.9/2022 was
registered against respondent No.2 party. The said order
further indicates that wife of respondent No.2 was
discharged from the hospital on 19.01.2022.
7. Learned HCGP submitted the injury certificate
by both the complainant and his wife. According to the
said record, the injury suffered by the complainant and
his wife are simple in nature.
8. The punishment prescribed for the major
offence is imprisonment up to seven years. The appellant
was remanded to judicial custody on the ground that his
detention is not required for further investigation. Under
the circumstances, it is a fit case to grant bail to the
appellant. Therefore the appeal is allowed.
The impugned order is hereby set aside. The
appellant is granted bail in Crime No.6/2022 of K.R.Pet
Town police station subject to the following conditions:
(i) Appellant shall execute personal bond in a
sum of Rs.50,000/- (Rupees Fifty
Crl.A.No.173/2022
M
Thousand only) with one surety in the like
sum to the satisfaction of the trial Court.
(ii) Appellant shall appear before the Court as
and when required for trial.
(iii) Appellant shall not tamper the prosecution
witnesses in any manner.
Sd/-
JUDGE
KSR
