Karnataka High Court
Shivakumar H R vs State Of Karnataka on 12 January, 2022
Bench: K.S.Mudagal
Crl.A.No.1747/2021
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JANUARY 2022
BEFORE
THE HON'BLE MRS. JUSTICE K.S. MUDAGAL
CRIMINAL APPEAL No.1747/2021
BETWEEN:
1. SHIVAKUMAR H R
S/O H S RUDRAPPA
AGED ABOUT 42 YEARS
R/AT BEHIND VANDAHANA TALKIES
KUMABARA STREET
SHIVAMOGGA-577 201.
2. NUTHAN MOOLYA
S/O KAVITHA V
AGED ABOUT 35 YEARS
R/AT NO.4 VAISHNAVI LAYOUT
CHAMUNDIPURA KOHALLI
SHIVAMOGGA-577 201. ...APPELLANTS
(BY SRI S Y KUMBAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY SUB INSPECTOR OF POLICE
DODDAPETE POLICE STATION
SHIVAMOGGA
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
HIGH COURT OF KARNATAKA
AMBEDKAR VEEDHI
BENGALURU-560 001.
2. SRI RAGHU, S/O RAMU
AGED ABOUT 33 YEARS
R/AT 3RD CROSS
HOSAMANE EXTENSION
SHIVAMOGGA-577 201. ...RESPONDENTS
(BY SMT. RASHMI JADHAV, HCGP FOR R1;
R2 SERVED)
Crl.A.No.1747/2021
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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A
OF THE SC/ST (POA) ACT, 2015 PRAYING TO GRANT
ANTICIPATORY BAIL TO APPELLANTS IN THE EVENT OF THEIR
ARREST IN CR.NO.334/2021 DATED 08.10.2021 REGISTERED
BY DODDAPETE P.S., SHIVAMOGGA ON THE FILE OF THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, SHIVAMOGGA
FOR THE OFFENCE P/U/S 3(1) (R), 3(1)(S), 3(2) (V-A) OF
SC/ST (POA) AMENDMENT ACT AND SEC.342, 364A, 394 R/W
34 OF IPC.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION
THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard.
2. Aggrieved by the rejection of their
anticipatory bail petition, accused Nos.1 and 2 in
Cr.No.334/2021 of Doddapete Police Station, Shivamogga
Sub-Division have preferred the appeal.
3. Doddapete Police registered Crime
No.334/2021 against the appellants and two others for
the offences punishable under Sections 364(A), 342, 394
R/w 34 of IPC and Sections 3(1)(r), 3(1)(s) 3(2)(v-a) of
Scheduled Caste and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 ('SC/ST Act' for short) on the basis
of complaint of one Raghu.
4. It is alleged that on 07.10.2021 at 11.30 a.m.
accused No.1- Shivakumar demanded Rs.2 lakhs from the
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complainant with regard to some developmental projects
and the complainant said that he will pay that amount
after work is commenced. Again on 07.10.2021, at 3.45
p.m., when the complainant was proceeding towards
singara showroom, the appellants allegedly accosted the
complainant, assaulted him demanding money and
abused him with reference to his caste.
5. It is further alleged that they kidnapped him
in Car bearing No.KA-17-M-9887, held him hostage in
guest house of appellant No.2 and robbed his gold chain,
finger ring, mobile phone and cash of Rs.10,000/- and
demanded ransom of Rs.50 lakhs. It is further alleged
that accused No.3 was also present at that time and then
the accused released him.
6. The Trial Court has rejected anticipatory bail
petition of appellants on the ground that Section 18 of the
SC/ST Act bars granting anticipatory bail.
7. As per the complaint itself the incident took
place with reference to some monetary transaction.
During pendency of this appeal, appellant No.1/accused
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No.1 admittedly was arrested and granted bail. The Trial
Court has granted anticipatory bail to accused No.3.
Abuse with reference to caste was not within a public
view. Even the alleged assault was in the background of
some financial transactions. Therefore, prima-facie
applicability of the provisions of the SC/ST Act is doubtful.
Under the circumstances, it is a fit case to grant
anticipatory bail to appellant No.2. Therefore, the appeal
is partly allowed.
The appeal of appellant No.1 dismissed as
infructuous. The impugned order against appellant No.2
is hereby set aside. The application filed by appellant
No.2 is allowed.
Appellant No.2 is granted anticipatory bail in Crime
No.334/2021 of Doddapete Police Station. If he is
arrested in the said case he shall be released on bail
subject to following conditions:
(i) He shall appear before the Investigating
Officer 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/- and furnish one surety in the
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likesum to the satisfaction of the Investigating
Officer/Jurisdictional Court for his appearance
as and when required.
(iii) He shall not tamper the prosecution witnesses
by threats, inducement or otherwise.
Sd/-
JUDGE
NMS
