Karnataka High Court
Srinivasamurthy H V vs State Of Karnataka on 18 January, 2022
Bench: K.S.Mudagal
CRL.A.No.1388/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18th DAY OF JANUARY 2022
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL APPEAL NO.1388 OF 2021
BETWEEN:
SRINIVASAMURTHY H V
S/O LATE VENKATARANGAIAH
AGED ABOUT 45 YEARS
R/AT GUDAMARANAHALLI VILLAGE
ASHRAMA POST
MYSURU TALUK
WORKING AS:
PANCHAYAT DEVELOPMENT OFFICER
KURIHUNDI GRAMA PANCHAYAT
NANJANGUD TALUK
MYSORE DISTRICT - 571 301 ... APPELLANT
(BY SRI.H.R.NARAYANA SWAMY, ADV.)
AND:
1. STATE OF KARNATAKA
NANJANAGUDU RURAL POLICE STATION
REPRESENTED BY SPL.P.P.
HIGH COURT BUILDING
BENGALURU
2. GOWRI
W/O LATE RANJA
AGED ABOUT 45 YEARS
R/AT KALALE VILLAGE
NANJANGUD TALUK
MYSORE DISTRICT - 571 301 ... RESPONDENTS
CRL.A.No.1388/2021
2
(BY SRI.SHANKAR H.S., HCGP FOR R1;
R2 SERVED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION
14A(2) OF SC/ST (POA) ACT CR.P.C. PRAYING TO SET ASIDE
THE ORDER DATED 18.08.2021 IN CRL.MISC. NO.1541/2021
PASSED BY THE HON'BLE VI ADDITIONAL DISTRICT AND
SPECIAL JUDGE AT MYSURU.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION
THIS DAY, THE COURT THROUGH VIDEO CONFERNECE
DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the rejection of his bail petition,
accused No.1 in Crime No.182/2021 of Nanjangudu Rural
police station has preferred the above appeal.
2. On 04.08.2021 the appellant was working as
Panchayath Development Officer at Kalale Grama
panchayath on deputation. One scavenger by name Ranga
committed suicide in the Panchayath office on 04.08.2021
at 3.30 p.m. His wife Smt. Gowri filed complaint before
Nanjangudu Rural police station against the appellant and
accused No.2 i.e. The Executive Officer of Taluka
panchayath Nanjangud alleging that on 04.08.2021 at
CRL.A.No.1388/2021
10.30 a.m. when Ranga and other scavengers demanded
their wages, the appellant manhandled and abused him
with reference to his caste and assaulted him. She alleged
that being humiliated by that Ranga committed suicide.
3. On such complaint, the respondent police have
registered Crime No.182/2021 against the appellant and
accused No.2 for offences punishable under Sections 341,
306 read with Section 34 of IPC and Sections 3(1)(r),
3(1)(s), of Scheduled Caste and Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2015 ('the Act'
for short).
4. The appellant and accused No.2 approached
the VI Additional District & Special Judge at Mysuru in
Crl. Misc. No.1541/2021 seeking anticipatory bail. The trial
Court granted anticipatory bail to accused No.2 and
rejected the application of the appellant on the ground that
there are no specific allegations of caste discrimination
against accused No.2 and there are such allegations
against the appellant. The trial Court further held that in
CRL.A.No.1388/2021
the light of such allegations Section 18A of the Act bars
granting of anticipatory bail.
5. Learned counsel for the appellant submits that
he was posted to Kalale Grama panchayath office by
deputation order dated 13.07.2021 and the appellant did
not know the caste of Ranga or wages being due to him.
He further submits that there are no materials to show
that the appellant has committed the offence alleged
against him.
6. Learned High Court Government Pleader
submits the records of investigation. The Hon'ble Supreme
Court in Prathvi Raj Chauhan V/s Union of India &
Others1 and Rohan Jalal V/s State of Kerala2 and
another held that Section 18 and 18A of the Act will not
apply if no prima facie case of offences under the Act is
made out. It was further held that excluding access to bail
as a remedy, impinges upon human liberty.
(2020) 4 SCC 727
2021(1) SCC 733
CRL.A.No.1388/2021
7. In the light of said judgments, this Court has
to examine whether there is a prima facie case attracting
the provision of the Act. The complaint itself indicates that
the complainant was not an eyewitness and she is only a
hearsay witness.
8. The alleged incident of assault took place at
10.30 a.m. and the victim committed suicide at 3.30 p.m.
Only in the later part of the complaint, the complainant
states that she came to know through the neighbours that
the appellant abused Ranga with reference to the caste.
9. The FSL report shows that the victim had
consumed alcohol at the time of his death. Under such
circumstances, there is no prima facie material to show
that the alleged incident was due to caste based
discrimination. The trial Court was not justified in invoking
Section 18 and 18A of the Act. Therefore the appeal is
allowed.
The impugned order dated 18.08.2021 passed in
Crl.Misc.No. 1541/2021 is set aside.
CRL.A.No.1388/2021
The appellant's petition under Section 438 Cr.PC is
allowed.
If the appellant is arrested in Crime No.182/2021 of
Nanjangudu police, he shall be released on bail subject to
the following conditions:
(i) He shall appear before the I.O within ten days
from the date of receipt of copy of this order.
(ii) The appellant shall execute personal bond in a
sum of Rs.25,000/-(Rupees Twenty Five
Thousand only) with one surety in the like sum
to the satisfaction of the I.O/trial Court;
(iii) He shall appear before the I.O/Court as and
when required for investigation/trial;
(iv) He shall not tamper the prosecution witnesses
in any manner.
Sd/-
JUDGE
PKN
