Karnataka High Court
Sri. Mylarappa C vs State Of Karnataka on 14 July, 2022
Bench: Mohammad Nawaz
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO.857 OF 2022
BETWEEN
1. SRI. MYLARAPPA C.,
S/O. CHIKKAGANGAIAH,
AGED ABOUT 38 YEARS,
2. SRI. NAGARAJU C.,
S/O. CHIKKAGANGAIAH,
AGED ABOUT 40 YEAERS,
3. SRI. SANTHOSH N.,
S/O. NANJUNDAPPA,
AGED ABOUT 23 YEARS,
ALL ARE RESIDING AT
NO.292, NAGASANDRA ROAD,
NAGAREDDY EXTENSION,
GOWRIBIDANUR TOWN,
CHIKABALLAPURA DISTRICT. ... APPELLANTS
[BY SRI. MANJUNATHA A.C., ADVOCATE]
AND
1. STATE OF KARNATAKA
BY GOWRIBIDANUR TOWN POLICE STATION,
CHIKKABALLAPURA DISTRICT - 561 208,
REPRESENTED BY S.P.P.,
HIGH CURT OF KARNATAKA,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. SRI. RAMAKRISHNAPPA
S/O. GANGAPPA,
AGED ABOUT 58 YEARS,
2
RESIDING AT NAGAIAH REDDY BADAVANE,
GOWRIBIDANUR TOWN,
CHIKKABALLAPUR DISTRICT. ... RESPONDENTS
[BY SRI. R.D. RENUKARADHYA, HCGP.]
***
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 (A)(2)
OF SC AND ST (POA) ACT, PRAYING TO ALLOW THIS APPEAL AND
SET ASIDE THE REJECTION ORDER DATED 29.03.2022 IN
CRL.MISC. NO.246/2022 PASSED BY THE I ADDITIONAL DISTRICT
AND SESSIONS JUDGE, CHIKKABALLAPURA AND DIRECT THE
RESPONDENT TO ENLARGE THE APPELLANTS ON BAIL IN THE
EVENT OF THEIR ARREST IN CRIME NO.66/2022 REGISTERED AT
GOWRIBIDANUR TOWN POLICE, PENDING BEFORE THE HON'BLE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA
FOR THE ALLEGED OFFENCE P/U/S 323, 324, 504, 506 R/W 34 OF
IPC AND SECTION 3(1)(r), 3(1)(s) OF SC/ST (POA) AMENDMENT
ACT.
THIS CRIMINAL APPEAL COMING ON FOR ADMISSION,
THROUGH VIDEO CONFERENCE/PHYSICAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard the learned counsel for appellants and the
learned counsel for respondent and perused the material
on record.
2. Respondent No.2/defacto complainant has
been served but there is no representation.
3. Crime No.66/2022 of Gowribidanur Police
Station is registered against the accused/appellants for
offences punishable under Sections 323, 324, 504, 506
read with 34 of IPC and Sections 3(1)(r), 3(1)(s) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015 (in short 'SC/ST (POA)
Act').
4. It is alleged in the complaint lodged by
respondent No.2 that on 17.03.2022 at about 6.00 p.m.,
accused No.1 made a phone call to his son Venugopala
Krishna and asked him to come near the house of one
Manjula and when they went there, accused Nos.1 to 3
assaulted his son as well as his wife and also abused
them in filthy language referring to their caste.
5. The learned counsel for appellants submits
that a false case has been foisted against the appellants
as a counterblast to the complaint lodged by accused
No.1 against the said Venugopala Krishna. He has
produced a copy of the FIR in Crime No.65/2022
registered at Gowribidanur Town Police Station for
offences punishable under Sections 307, 504 and 506 of
IPC, wherein it is alleged that complainant's son
Venugopala Krishna was called to the house of Manjula
by her husband Sudarshan and the said Venugopala
Krishna himself assaulted accused No.1 with a club on
his head etc.
6. Learned counsel for the appellants submits
that the complainant's son was unnecessarily troubling
one Manjula and in this regard he was called by her
husband to his house and at that time, he assaulted
accused No.1. After a case was registered against him,
the present case was registered. He submits that even
the said Manjula has lodged a complaint against
complainant's son, which is registered in Crime
No.68/2022 of Gowribidanur Town Police Station for
offences Punishable under Sections 354(A), 354(B), 506
and 448 of IPC.
7. It is contended by the learned High Court
Government Pleader that there are specific allegations in
the complaint attracting the provisions of SC/ST (POA)
Act and therefore the learned Sessions Judge has rightly
rejected the prayer seeking anticipatory bail, in view of
the threshold bar under Sections 18 and 18A of SC/ST
(POA) Act to entertain a petition filed under Section 438
of Cr.P.C. He submits that now the investigation is
completed and charge-sheet is filed.
8. A careful perusal of the complaint averments
goes to show that the incident has not taken place on the
ground that the complainant belong to scheduled caste.
It is not in dispute that a case was registered against
complainant's son in Crime No.65/2022 of Gowribidanur
Town Police Station for offences under Sections 307, 504
and 506 of IPC on a complaint lodged by accused No.1
and thereafter the present case was registered.
9. An omnibus allegations are made that all the
accused abused the complainant, his wife and son in
filthy language referring to their caste. It is not
specifically stated as to who abused them. As per the
wound certificate of complainant and his wife, both of
them have suffered minor injuries. As per the complaint
lodged by accused No.1, in Crime No.65/2022, he took
treatment at Government Hospital, Gowribidanur. It
shows that he has also suffered injuries in the incident in
question.
10. Taking into consideration the entire facts and
circumstances of the case, at this stage it cannot be said
that there is a prima facie case made out for the offences
under the SC/ST (POA) Act. However, the prosecution
has to establish its case during trial. Hence the following
ORDER
The appeal is allowed.
The order dated 29.03.2022 passed by the
Court of I Additional District and Sessions Judge at
Chikkaballapura in Crl.Misc. No.246/2022 is set
aside.
The appellants/accused Nos.1 to 3 shall be
released in the event of their arrest in Crime
No.66/2022 registered at Gowribidanur Town Police
Station, subject to following conditions:
i. They shall appear before the
jurisdictional Sessions Court within a period
of 10 days from the date of receipt of a copy
of the order and in that event they shall be
released, on executing a bond in a sum of
Rs.50,000/- (Rupees fifty thousand only)
each with two sureties for likesum.
ii. They shall co-operate with the
further investigation, if any and make
themselves available for the purpose of
investigation whenever required.
iii. They shall furnish proof of their
correct residential address and shall inform
the I.O./Court, if there is any change in the
address.
iv. They shall not tamper the
prosecution evidence / witnesses in any
manner.
v. They shall be regular in attending
the Court proceedings.
Sd/-
JUDGE
HB/-
