Sri. Ramachandra vs The State Of Karnataka
2022 Latest Caselaw 7215 Kant

                              1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 5TH DAY OF MAY, 2022

                            BEFORE

      THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

            CRIMINAL APPEAL NO. 688 OF 2022
BETWEEN:
1.    Sri. Ramachandra
      S/o. Gowrappa
      Aged about 29 years

2.    Sri. Ananda
      W/o. Gowrappa
      Aged about 33 years
      Both are R/at
      Pathamuthakapalli Village
      Srinivasapura Taluk
      Kolar District - 563 135.
                                               ...Appellants
(By Sri. Raghavendra .K - Advocate (VC))

AND
1.    The State of Karnataka
      Rep. by its Public Prosecutor
      High Court Building
      Bangalore - 560 001
      Through Srinivasapura Police Station.

2.    Sri. Srinivas P.N
      S/o. Late Narayanappa
      Aged about 58 years
      R/at Pathamuthakapalli Village
      Srinivasapura Taluk
      Kolar District - 563 135.
                                              ..Respondents
(By Sri. H.S. Shankar - HCGP for R-1(PH);
     R-2 served)
                                 2



       This Criminal Appeal filed Under Section, 14A(2) of
SC&ST (POA) Act by the advocate for the appellants seeking to
set aside the order passed in Crl.Misc.No.231/2022, dated
30.03.2022, passed by the II-Addl. District & Sessions Judge at
Kolar by allowing the bail petition filed by the appellants by
enlarging the appellants on bail in Crime No.57/2022, filed by
the Srinivasapura Police for the offences punishable under
Sections 323, 324, 504, 506 r/w 34 of IPC and Sections
3(1)(r)(s) of SC/ST (POA) Act, on the file of II-Addl. District and
Sessions Judge at Kolar.

      This appeal coming on for admission through video
conference this day, the court delivered the following:


                        JUDGMENT

Accused Nos.1 and 2 in Crime No.57/2022 registered

by the Srinivasapura Police Station, Kolar District, for

offences punishable under Sections 323, 324, 504, 506

read with Section 34 of the IPC and Sections 3(1)(r), 3(1)(s)

of the Scheduled Castes & Scheduled Tribes (Prevention of

Atrocities) Amendment Act, 2015, (hereinafter referred to

as 'the SC & ST (POA) Act', for short), have filed this appeal

under Section 14-A(2) of the SC & ST (POA) Act seeking to

enlarge the appellants on bail, in the event of their arrest

in the case in Crime No.57/2022 of the Srinivasapura

Police.

2. Brief facts of the case which are required for

disposal of this appeal are, the complainant Srinivas P.N.

lodged a complaint on 12.03.2022 before the

Srinivasapura Police Station, Kolar District, alleging that

on 10.03.2022 at about 12.00 noon when he was waiting

for bus near Srirama Temple in his village, one Shri

Shabari, S/o. Reddappa came there driving his luggage

tempo. The complainant informed him to drive slowly and

at that time, Appellant No.1 herein who was along with the

said Shabari, abused the complainant mentioning his

caste and thereafterwards also, assaulted him on his

cheek. Accused No.2 who was also present along with

Accused No.1, assaulted the complainant and pushed him

down. Accused No.1 allegedly assaulted the complainant

with a stone and thereby caused bleeding injuries on his

ear and thereafterwards, the accused persons left the place

threatening the complainant about dire consequences to

his life. Immediately thereafterwards, the tempo driver

Shabari and one Venkataravan took the complainant to

the Government hospital at Srinivasapura.

Thereafterwards, a complaint was lodged on 12.03.2022,

based on which an FIR was registered in Crime

No.58/2022 by Srinivasapura Police Station, Kolar

District. Apprehending arrest in the said case, appellants

had filed an application under Section 438 of the Cr.P.C.

before the Court of the II Additional District and Sessions

Judge, Kolar, in Criminal Misc.No.231/2022, which was

dismissed by the said court on 30.03.2022. It is under

these circumstances the appellants are before this Court

seeking for grant of anticipatory bail.

3. Learned counsel for the appellants submits that

there is a civil dispute between the parties and in respect

of the incident that had taken place on 10.03.2022, there

is a case and a counter case. He submits that in

O.S.No.58/2022, there is an order of injunction against

the complainant and his family members and therefore, in

order to harass the appellants, a false case has been

registered against them. He submits that there is a delay

of 2 days in lodging the FIR. He also submits that even if

the entire allegations made in the complaint are presumed

to be proved, no case can be made out against the

appellants for the offences under the SC & ST (POA) Act.

4. Per contra, learned HCGP appearing for

Respondent No.1 has opposed grant of anticipatory bail in

this appeal contending that there is prima facie material

against the appellants and hence, custodial interrogation

is necessary. He submits that there are two eye-witnesses

in the case and therefore, it is not a fit case for grant of

anticipatory bail and accordingly prays to dismiss the

appeal.

5. I have carefully considered the rival arguments of

both the parties and perused the material available on

record.

6. A perusal of the complaint lodged on 12.03.2022

which has resulted in registering of FIR in Crime

No.57/2022 before the Srinivasapura Police Station, would

go to show that the alleged incident had taken place on

10.03.2022 and after a delay of nearly two days, the

complaint has been lodged. The material on record would

go to show that there is a civil dispute between the family

of the appellants and the family of the complainant, which

is pending consideration before the Jurisdictional Civil

Court in O.S.No.58/2022 and there is an interim order

operating in the said case against the complainant and his

family. The material on record would also go to show that

there is a case and counter case in respect of the incident

that had taken place on 10.03.2022. From the averments

made out in the complaint dated 12.03.2022, it is clear

that though it is stated that the accused persons had

abused the complainant taking out his caste name, there

is no mention of the presence of anybody else in the spot

and therefore, prima facie, it cannot be said that offences

under the SC & ST (POA) Act are attracted in this case.

7. The complainant though served, has remained

absent. The contention of the appellants that with mala

fide intention, only to harass the appellants a false case

has been registered against them invoking the provisions

of the SC & ST (POA) Act, remain uncontroverted. Under

the circumstances, I am of the considered view that the

appellants have made out a case for grant of anticipatory

bail.

8. Accordingly, the appeal is allowed. The

respondent / police or any other police, State of

Karnataka, are directed to enlarge the appellants on bail in

the event of their arrest in Crime No.57/2022 registered by

the of Srinivasapura Police Station, Kolar District, for the

offences punishable under Sections 323, 324, 504, 506

read with Section 34 of the IPC and Sections 3(1)(r), 3(1)(s)

of the SC & ST (POA) Act, subject to following conditions:

(i) The appellants shall surrender before the Investigating Officer within ten days from the date of receipt of a certified copy of this order and shall execute a personal bond for a sum of Rs.2,00,000/- each with two sureties for the like-sum each, to the satisfaction of the concerned Investigating Officer.

        (ii)    The appellants shall co-operate with the
                Investigating    Officer       to     complete      the

investigation and they shall appear before the Investigating Officer, as and when called for.

(iii) The appellants shall not indulge in tampering the prosecution witnesses either directly or indirectly;

(iv) The appellants shall appear before the trial court on all hearing dates unless

their appearance is exempted by the said court for valid reasons.

Sd/-

JUDGE

KS