Karnataka High Court
Siddappa @ Siddanna And Anr vs The State Of Karnataka And Anr on 16 February, 2022
Bench: V Srishananda
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 16TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO.201038/2021
BETWEEN:
1. SIDDAPPA @ SIDDANNA
S/O. SINGANNA GONAL,
AGE: 31 YEARS, OCC: PRIVATE WORK,
2. BASAVARAJ S/O. SINGANNA GONAL,
AGE: 29 YEARS, OCC: PRIVATE WORK,
BOTH THE PETITIONERS ARE
R/O. KOLUR VILLAGE, TQ.: MUDDEBIHAL,
DIST: VIJAYAPURA - 586 212.
... PETITIONERS
(BY SRI R.S.LAGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH THE SHO., MUDDEBIHAL PS.,
REPRESENTED BY THE ADDL. SPP.,
HIGH COURT OF KARNATAKA,
AT KALABURAGI BENCH,
DIST. KALABURAGI - 585 102.
2. SMT. HULAGAWWA W/O. BHAGAPPA MADAR,
AGE: MAJOR, OCCU: HOUSE HOLD WORK,
2
R/O. KOLUR VILLAGE, TQ.: MUDDEBIHAL,
DIST: VIJAYAPURA - 586 212.
... RESPONDENTS
(BY SRI SHARANABASAPPA M. PATIL, HCGP FOR R1;
R2 SERVED)
THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C PRAYING TO ALLOW THIS
CRIMINAL PETITION AND THEREBY QUASH THE ENTIRE
PROCEEDINGS IN SPECIAL CASE (SC/ST) NO.7/2019
(ARISING OUT OF MUDDEBIHAL POLICE STATION FIR
(CRIME) NO.229/2015) PENDING BEFORE THE
HONOURABLE II ADDL. SESSIONS JUDGE/SPECIAL JUDGE,
VIJAYAPURA FOR THE OFFENCES PUNISHABLE U/SEC.143,
147, 323, 354, 504 R/W SEC.149 OF IPC, ALONG WITH
SEC.3(1)(x)(xi) OF SC/ST (PREVENTION OF ATROCITIES)
ACT PENDING AGAINST THE PETITIONERS IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING HEARING:
ORDER
Heard Sri R.S.Lagali, learned counsel for the
petitioners and the learned High Court Government
Pleader for respondent No.1/State.
2. The present petition is under Section 482 of
Cr.P.C with the following prayer :-
"To allow this criminal petition and thereby quash
the entire proceedings in Special Case (SC/ST) No.7/2019
(arising out of Muddebihal Police Station FIR (Crime)
No.229/2015) pending before the Honourable II Addl.
Sessions Judge/Special Judge, Vijayapura for the offences
punishable u/sec.143, 147, 323, 354, 504 r/w Sec.149 of
IPC, along with Sec.3(1)(x)(xi) of SC/ST (Prevention of
Atrocities) Act pending against the petitioners in the
interest of justice and equity."
3. The brief facts of the case are as under :-
The present petitioners/accused were charge sheeted
in Special Case (SC/ST) No.15/2016 registered for the
offences punishable under Sections 143, 147, 323, 354,
504 r/w Sec.149 of Indian Penal Code and
Section 3(1)(x)(xi) of Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989.
4. Due to non appearance of the present
petitioners, the learned trial Judge directed the
Investigating Officer to file a split-up charge-sheet against
the present petitioners and as such a separate split-up
charge-sheet is filed in Special Case (SC/ST) No.7/2019
after apprehending the accused. Thereafter, present
petitioners appeared before the trial court and obtained
bail.
5. In the meantime, the original case which was
proceeded against the remaining accused, ended in an
acquittal on the fact that the complainant and other
material witnesses having been turned hostile to the case
of the prosecution by judgment dated 21.08.2019.
6. Learned counsel for the petitioners Sri R.S.Lagali
vehemently contended that since 52 accused persons have
been acquitted in Special Case No.15/2016, no useful
purpose would be served by continuation of the
proceedings in Special Case (SCST) No.7/2019. In support
of his arguments, he has relied on the judgment of the
Hon'ble Apex Court in the case of Central Bureau of
Investigation v. Akhilesh Singh reported in AIR 2005
Supreme Court 268 and the order passed by the
Coordinate Bench of this court in Crl.P.No.9131/2019
dated 03.02.2010 and in the case of Bagappa v. State of
Karnataka reported in (2016) 4 KCCR 3333 and also in
the case of Joseph Luis D'Souza v. State of Karnataka
reported in 2018 (1) AKR 154.
7. Per contra, learned High Court Government
Pleader relies on the judgment of the Coordinate Bench of
this court in the case of Ummer Farooq v. State of
Karnataka in Crl.P.No.6857/2020 dated 24.03.2021 and
submitted that in Ummer Farooq's case, the decision of
the Hon'ble Apex Court in the case of Umesh v. State of
Kerala reported in (2017) 3 SCC 112 has been relied
upon by the Coordinate Bench of this Court and so also in
the case of Yanob Sheikh alias Gagu v. State of West
Bengal reported in (2013) 6 SCC 428 and the test that
is to be applied is whether the present petitioners would
also stand on the same footing that of the persons who
have had the benefit of acquittal on full-fledged trial.
8. In the case on hand, since the complainant and
other material witnesses have turned hostile to the case of
the prosecution, the acquittal order came to be passed in
Special Case (SC/ST) No.15/2016.
9. Under what circumstances, the complainant
and other material witnesses have turned hostile to the
case of the prosecution whether the prosecutor did all
necessary to treat them as hostile and prove the case
otherwise is not forthcoming from the judgment passed in
Special Case (SC/ST) No.15/2016.
10. Therefore, this court is of the considered
opinion that the prayer cannot be granted and the
petitioner has to face the trial. If at all, the complainant
and other material witnesses are not interested in
prosecuting against the present petitioner also, the same
is would be the result in Special Case (SC/ST) No.7/2019
as well. Accordingly, the following :
ORDER
Criminal Petition is dismissed.
However, any observation made in the present order
shall not influence the trial Judge.
Sd/-
JUDGE
sn
