Karnataka High Court
Rohan @ vs The State Of Karnataka on 24 February, 2022
Bench: K.S.Mudagal
CRL.A.No.1901/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF FEBRUARY 2022
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL NO.1901/2021
BETWEEN:
1. ROHAN @ ROHAN L
AGED ABOUT 21 YEARS
S/O LAKSHMI NARAYANA H.M.
R/O NO.410, NEAR RAAGIGUTTA
NANDAGUDI, KARNATAKA
BANGALORE - 562 122
2. MADHU @ K.V. MADHUSUDANA
AGED ABOUT 22 YEARS
S/O VENKATESHAPPA
R/O KONDRAHALLI
BYATANARASAPURA, KARNATAKA
BANGALORE - 562 122
3. CHANDAN @ CHANDAN G
AGED ABOUT 29 YEARS
S/O GAJENDRA
R/O VTC NANDAGUDI
HOSKOTE DISTRICT
BANGALORE RURAL
BANGALORE - 562 122 ... APPELLANTS
(BY SRI.MAHESHA P., ADVOCATE BY
AMN & CO., FOR APPELLANT NO.2;
VIDE ORDER DATED 11.02.2022 APPEAL
AGAINST APPELLANT NO.3 IS DISMISSED;
VIDE ORDER DATED 24.02.2022 APPEAL
AGAINST APPELLANT NO.1 IS DISMISSED
AS NOT PRESSED)
CRL.A.No.1901/2021
2
AND:
1. THE STATE OF KARNATAKA
REP. BY NANDAGUDI POLICE STATION
BENGALURU
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560 001
2. A. MANJUNATH
AGED ABOUT 48 YEARS
S/O LATE ANJINAPPA
NANDAGUDI TOWN
NANDAGUDI HOBLI
HOSKOTE TALUK - 562 122
3. ANAND
AGED ABOUT 23 YEARS
S/O NAGARAJAPPA
NANDAGUDI TOWN
HOSAKOTE TALUK
BANGALORE DISTRICT - 572 217
... RESPONDENTS
(BY SRI H.S.SHANKAR, HCGP FOR R1;
SRI K.V.PRAKASH, ADVOCATE FOR R2;
VIDE ORDER DATED 07.02.2022 SERVICE
ON R3 IS HELD SUFFICIENT)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14(A)(2) OF SCHEDULED CASTE AND SCHEDULED TRIBE
(PREVENTION OF ATROCITIES) ACT, 2015 PRAYING TO SET
ASIDE THE ORDER DATED 17.12.2021 PASSED BY THE HON'BLE
II ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU IN CRL.MISC.NO.1929/2021
AND ALLOW ANTICIPATORY BAIL OF THE APPELLANTS
(ACCUSED PERSONS) IN CR.NO.179/2021 REGISTERED BY
NANDAGUDI POLICE, BENGALURU RURAL DISTRICT FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 148, 149,
307, 504 OF IPC AND SECTIONS 3(1)(R), 3(1)(S) OF SC/ST
(POA) ACT 2015 WHICH IS PENDING ON THE FILE OF THE
HON'BLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE,
BENGALURU RURAL DISTRICT.
CRL.A.No.1901/2021
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THIS CRIMINAL APPEAL COMING ON for orders this DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Recording the memo filed by learned counsel for
appellant No.1 for withdrawal of the appeal, appeal of
appellant No.1 is dismissed as withdrawn. Appeal of
appellant No.3 dismissed as not pressed.
2. Appellant No.2 is accused No.2 in Crime
No.179/2021 of Nandagudi Police Station. Aggrieved by
the rejection of his anticipatory bail application by the trial
Court, he has preferred the above appeal.
3. Nandagudi Police registered Crime
No.179/2021 initially against Rohan, Madhu, Chandan
(Accused Nos.1 to 3) and three other unknown persons for
the offences punishable under Sections 504, 143, 147,
149, 148, 307 of IPC and Section 3(1)(r)(s) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015 (for short 'the Act') on
the basis of the complaint of Manjunatha brother of the
victim.
CRL.A.No.1901/2021
4. Victim Anand and the complainant belonged to
the Scheduled Caste. On 26.11.2015 at 21.15 hours,
Anand was found assaulted near Chinmaya Kabab Centre
of Nandagudi Town, Hosakote Taluk. It is alleged that the
victim questioned accused No.1 abusing him with
reference to his caste. Enraged by that, the accused
allegedly abused Anand in foul language with reference to
his caste and one of them assaulted him with beer bottle
on his head causing injuries.
5. As per prosecution, on learning about the
incident, complainant shifted the victim to nearest
hospital. Thereafter, he was taken to NVJ Medical College
Hospital.
6. Apprehending his arrest in the said case,
appellant filed anticipatory bail petition before the trial
Court. The trial Court rejected the said application on the
ground that there is prima facie material against him. The
trial Court further held that Sections 18 and 18A of the Act
bar granting of anticipatory bail in such case.
CRL.A.No.1901/2021
7. In the first information report, at the first
instance allegations of caste based abuse were only
against first accused. Discharge summary and the other
medical records available in the charge sheet show that
soon after the alleged assault, respondent No.2 was taken
to the hospital. History given was that he was assaulted by
some strangers.
8. Records show that at that time of admission in
hospital respondent No.2 was stable and well oriented, but
he did not implicate appellant No.2 for caste based
atrocity. Statement of respondent No.2 is said to be
recorded on 03.12.2021 i.e. after a week of the alleged
incident. There he claims to have implicated appellant
No.2 for the offence punishable under Section 3 of the Act.
9. Under the aforesaid facts and circumstances,
there is no prima facie material against appellant No.2 for
offence punishable under Section 3 of the Act.
CRL.A.No.1901/2021
10. The Hon'ble Supreme Court in Prathvi Raj
Chauhan Vs Union of India and Others1 and Rahna Jalal
Vs State of Kerala and Another2 has held that when there
is no prima facie material to attract offences under Section
3 of the Act, Sections 18 and 18A of the Act bar to grant
anticipatory bail does not apply.
11. Charge sheet is already filed. Except for the
trial, detention of appellant No.2 is not required for any
other purpose. Under the circumstances, trial Court was
not justified in rejecting the anticipatory bail petition.
Therefore, appeal of appellant No.2 is allowed.
12. Impugned order of the trial Court so far it
relates to appellant No.2 is hereby set aside.
Appellant No.2 is granted anticipatory bail in Crime
No.179/2021 of Nandagudi Police Station which is now
pending in Spl.C.No.77/2022 on the file of II Additional
District and Sessions Judge and Special Judge, Bengaluru
Rural District, Bengaluru.
(2020) 4 SCC 727
(2021) 1 SCC 733
CRL.A.No.1901/2021
If he is arrested in the said case, he shall be released
on bail, subject to the following conditions:
(i) He shall appear before I.O./Court within ten
days from the date of receipt of copy of this
order.
(ii) He shall execute personal bond in a sum of
Rs.25,000/- (Rupees Twenty Five Thousand
Only) and furnish two sureties in the like-sum
to the satisfaction of the I.O/trial Court for his
appearance before I.O/trial Court.
(iii) He shall not tamper the prosecution witnesses
in any manner.
(iv) He shall appear before Court/I.O. as and when
required.
Sd/-
JUDGE
pgg
