Karnataka High Court
Virupaksha S @ Virupaksha ... vs The State By Hosakote on 11 January, 2022
Bench: K.S.Mudagal
Crl.A.No.1868/2021
1
M
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MRS JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL No.1868 OF 2021
BETWEEN:
1. VIRUPAKSHA S
@ VIRUPAKSHA AARADHYA
S/O SHIVASHANKARAIAH
AGED ABOUT 56 YEARS
2. SMT. ROOPA R
W/O VIRUPAKSHA S
AGED ABOUT 45 YEARS
BOTH ARE RESIDING AT
NO.124, KILARI PETE
HOSAKOTE TOWN
BENGALURU RURAL DISTRICT-562 114
...APPELLANTS
(BY SRI A V RAMAKRISHNA, ADVOCATE- VC)
AND:
1. THE STATE BY HOSAKOTE
POLICE BY STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560 001.
2. K GOVINDARAJU
S/O KRISHNAPPA
AGED ABOUT 56 YEARS
RESIDING AT KILARIPETE
HOSAKOTE TOWN
BENGALURU RURAL DISTRICT- 562 114.
...RESPONDENTS
(BY SRI SHANKAR H S, HCGP FOR R1(PH);
R2 SERVED AND UNREPRESENTED VIDE ORDER DATED
11.01.2022)
Crl.A.No.1868/2021
2
M
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)
(2) OF SC/ST (POA) ACT, 2015 BY THE ADVOCATE FOR THE
APPELLANTS PRAYING THAT THIS HONBLE COURT MAY BE
PLEASED TO SET ASIDE THE ORDER DATED 06.12.2021
PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS
JUDGE, BENGALURU RURAL DISTRICT, BENGALURU IN CRL.
MISC.NO.1885/2021 BY ALLOWING THIS CRL.A. AND ENLARGE
THE APPELLANTS ON ANTICIPATORY BAIL IN CR. NO.129/2021
OF HOSAKOTE P.S., FOR THE OFFENCES P/U/S 143, 147, 427,
506, 323, 324, R/W 149 OF IPC AND SECTION 3(1) (r), 3(1)
(s) OF SC/ST (POA) AND SAME PENDINTG ON THE FILE OF II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BENGALURU
RURAL DISTRICT, BENGALURU, IN SPL.C.C.NO.601/2021 AND
DISTRICT THE HOSAKOTE POLICE TO RELEASE THE
APPELLANTS IN THE EVENT OF THEIR ARREST IN THE SAID
CRIME NUMBER.
THIS CRIMINAL APPEAL COMING ON FOR ORDERS
THROUGH VC THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
JUDGMENT
Learned HCGP submits the memo with report of
the concerned police regarding service of notice on
respondent No.2.
2. Registry has placed the statement of objections
purportedly filed by 2nd respondent. Along with the said
statement no identity proof of the person filing the
statement is produced. Moreover, any party appearing
in person shall appear before the Court in accordance
with party in person rules. The same is not followed.
Therefore, it is taken that 2nd respondent though served
unrepresented.
Crl.A.No.1868/2021
M
3. Heard.
4. Aggrieved by the rejection of their petition for
anticipatory bail accused Nos. 3 and 5 in Crime
No.129/2021 of Hoskote Police station which is now
pending in Special C.C.No.601/2021 on the file of II
Additional District and Sessions Judge and Special Judge,
Bengaluru Rural District, have preferred the above
appeal.
5. Crime No.129/2021 was initially registered
unnamed accused persons for the offences punishable
under Sections 143, 147,427,506,504,323,324 of IPC and
under Section 3(1)(r) and 3(1)(s) of SC & ST (POA)
Amendment 2015 on the basis of the complaint of the 2nd
respondent. It was alleged that on 28-3-2021 at 10-30
p.m. accused all of a sudden broke open the gate and
door of complainant's house at Hoskote Town,
trespassed into the house, abused him with reference to
caste, assaulted him with club on his face, shoulder and
caused him grievous injuries. He allegedly escaped from
the hands of accused and later came back to his house.
Crl.A.No.1868/2021
M
6. In the FIR, the 1st appellant was shown as
accused No.3 and the name of 2nd appellant did not
figure. While filing the chargesheet, 2nd appellant is
shown as accused No.5. As per the prosecution, the
quarrel ensued on account of 2nd respondent loudly
playing songs on his cell phone and video recording the
photos of accused No.1, a woman. Even as per the
chargesheet records, the accused called 2nd respondent
out of his house and asked him to delete the video and
in that back ground the incident took place.
7. In the chargesheet, the allegations of assaulting
the 2nd respondent with club are against accused No.4,
though the general allegations of assault are made
against the other accused. The chargesheet records show
injuries suffered by 2nd respondent are simple in nature.
Even the allegations of abusing complainant with
reference to caste are general. No specific allegations
in that regard are made against any specific accused.
8. There is a delay of two days in filing the
complaint. None of the offences alleged against the
Crl.A.No.1868/2021
M
accused are punishable with death or imprisonment for
life. The chargesheet is already filed. Except for the trial
detention of the petitioners is not required for any other
purpose.
9. Since the incident allegedly took place in the
back ground of the 2nd respondent videographing
accused No.1 in his cell phone, at this stage there are no
grounds to believe that the incident was an outcome of
caste based discrimination.
10. The Hon'ble Supreme Court in para No.11 in
the case of Prathvi Raj Chauhan Vs. Union of India
and others reported in (2020) 4 Supreme Court
Cases 727, has held that if the complaint does not make
out a prima facie case for applicability of the provisions of
Act, 1989, the bar created by Section 18 and 18A(1)
shall not apply. This case is also covered by the said
judgment. Therefore, the trial court was not justified in
rejecting the application on the ground of bar of Section
18. The appeal is allowed.
11. The impugned order is hereby set aside.
Crl.A.No.1868/2021
M
The appellants are granted bail in Crime
No.129/2021 on the file of Hoskote Police Station which
is now pending in Special CC No.601/2021 on the file of
II Additional District and Sessions Judge, Bengaluru Rural
District.
12. If they are arrested in the said case, they shall
be released on bail, subject to the following conditions:
(i) They shall appear before the trial court
within 10 days from the date of receipt of
the copy of this judgment;
(ii) They shall execute personal bond for a
sum of Rs.25,000/- each and furnish one
surety in the like sum to the satisfaction of
the trial court for their appearance;
(iii) They shall not tamper the prosecution
witnesses in any manner; and
(iv) They shall not indulge in any criminal
activities.
Sd/-
JUDGE
tsn*
