Ambaji And Anr vs The State Of Karnataka And Anr
2022 Latest Caselaw 7341 Kant

                             1


           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

          DATED THIS THE 24TH DAY OF MAY, 2022

                         BEFORE

            THE HON'BLE MRS.JUSTICE M.G. UMA

           CRIMINAL APPEAL NO.200092/2022

BETWEEN:

1.     SHRI. SAGAR S/O. ARJUN KALAL
       AGED ABOUT 34 YEARS
       OCC: TEACHER
       R/O. SHAPETI, VIJAYAPUR-586 101.

2.     SHRI. SAGAR S/O. AMBAJI KALAL
       AGED ABOUT 27 YEARS
       OCC: BUSINESS
       R/O. SHAPETI, VIJAYAPUR-586 101.
                                             ... APPELLANTS

(BY SRI: S.S.MAMADAPUR, ADVOCATE)


AND:

1.     THE STATE OF KARNATAKA
       THROUGH THE PSI
       WOMEN POLICE STATION, VIJAYAPUR
       REP. BY ITS STATE PUBLIC PROSECUTOR
       ADVOCATE GENERAL'S OFFICE
       HIGH COURT BUILDING
       KALABURAGI-585 102.
2.     KUMARI. MAMATA T.
       D/O TIPPESWAMI, OCC: PRIVATE SERVICE
       R/O. KHYADIGUNTE, TQ: CHALLKERI
       DIST: CHITRADURGA-577 522.
                                        ... RESPONDENTS

(BY SRI:GURURAJ V.HASILKAR, HCGP FOR R1;
     SRI: SANTOSH H.PATIL, ADVOCATE FOR R2)
                                  2


      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-
A(2) OF THE SCHEDULE CASTES & SCHEDULE TRIBES
[PREVENTION OF ATROCITIES] ACT, PRAYING TO SET ASIDE
THE ORDER DATED 16.04.2022 PASSED BY THE HON'BLE II
ADDITIONAL      SESSIONS    JUDGE,    VIJAYAPUR,   IN
CRL.MISC.NO.317/2022 AND ENLARGE THE APPELLANTS ON
BAIL IN THE EVENT OF THEIR ARREST IN VIJAYPUR WOMEN
POLICE STATION CRIME NO.19/2022 REGISTERED FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 143, 147, 376, 504,
506 READ WITH SECTION 149 OF IPC & SECTION 3(1)(r)(s),
(w)(i)(ii) OF THE SC/ST (POA) AMENDMENT ACT, 2015
PENDING ON THE FILE OF THE HON'BLE II ADDL. SESSION
JUDGE, VIJAYPUR, ON SUCH TERMS AND CONDITIONS AS
THIS HON'BLE COURT DEEMS FIT IN THE INTEREST OF
JUSTICE AND EQUITY.

     THIS CRIMINAL APPEAL COMING ON FOR ADMISSION
THIS DAY, THE COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

The appellants-accused Nos.2 and 4 are before this

Court seeking grant of bail under Section 439 of Cr.P.C. in

Crime No.19 of 2022 of Women Police Station, Vijaypur,

pending in Crl.Misc.No.394 of 2022 on the file of II Additional

Sessions Judge, Vijayapur, registered for the offences

punishable under Sections 143, 147, 376, 504, 506 read with

Section 149 of the Indian Penal Code (for short 'IPC') and

under Sections 3(1)(r)(s)(w)(i)(ii) of the Scheduled Caste and

Scheduled Tribes (Prevention of Atrocities) Amendment Act,

2015 (for short 'SC/ST Act'), on the basis of the first

information lodged by informant Mamata T.

2. Brief facts of the case are that, the victim girl

lodged the first information against accused Nos.1 to 5

alleging commission of offences punishable under Sections

143, 147, 376, 504, 506 read with Section 149 of IPC and

under Section 3(1)(r)(s)(w)(i)(ii) of SC/ST Act. It is stated

that the victim is aged 25 years and was working in

Bengaluru. Accused No.1 was working in Vijaypura and both

of them came in contact with one another. Accused No.1 had

expressed his willingness to marry the victim and the victim

has agreed for the same. Taking advantage of the situation,

accused No.1 insisted the informant to come over to Vijaypur

where he was working and the victim went to Vijaypur thrice

i.e., on 02.01.2021, 15.07.2021 and on 09.10.2021. Accused

No.1 had committed sexual assault on her repeatedly.

However, accused No.1 promised to marry her with the

consent of his family members. Subsequently, he turned

down his promise saying that his family members are not

agreeing for the marriage. In the meantime, accused Nos.2

to 5 abused the informant in filthy language by referring to

her caste and gave life threat to her. Therefore, the victim

lodged the first information stating that the accused have

committed the offences and requested the police to register

the case and to initiate legal action against the accused.

Accordingly, the police registered the case and took up

investigation.

3. Heard Sri.S S Mamadapur, learned Counsel for the

appellants and Sri.Gururaj V Hasilkar, learned High Court

Government Pleader for respondent No.1 and Sri.Santosh H

Patil, learned counsel for respondent No.2. Perused the

materials on record.

4. Learned counsel for the appellants submitted that

the appellants are arrayed as accused Nos.2 and 4. They

have not committed any offences as alleged. They have been

falsely implicated in the matter without any basis. Accused

No.2 was apprehended on 12.03.2022 and accused No.4 was

apprehended on 16.03.2022. There is absolutely no material

to connect the appellants to the offence in question. The

victim is aged 25 years and she herself went where accused

No.1 was residing. Section 376 of IPC is not at all attracted to

the facts and circumstances of the case. Even the provision

of special enactment is also not attracted as there is only

omnibus and general allegations made by the victim stating

that the accused have abused her by referring to her caste.

Learned counsel also submitted that the investigation is

completed and the charge sheet is also filed. While filing the

charge sheet, accused No.5 is dropped. Under such

circumstances, the appellants are not required for further

investigation. Their detention would amount to pre-trial

punishment. The appellants are the permanent resident of

the addresses mentioned in the cause title to the appeal and

are ready and willing to abide by any of the conditions that

would be imposed by this Court. Hence, he prays to allow the

appeal.

5. Per contra, learned High Court Government

Pleader for respondent No.1 and learned counsel for

respondent No.2 opposing the appeal submitted that serious

allegations are made against the appellants along with

accused No.1 for having committed the offences. Accused

Nos.3 and 5 are still absconding. Learned High Court

Government Pleader submits that he has no information about

filing of charge sheet and dropping of accused No.5. Since

there are serious allegations made against the appellants and

the provisions of special enactment is alleged against them,

they are not entitled for grant of bail. Hence, they pray for

dismissal of the appeal.

6. In view of the rival contentions urged by the

learned counsel for both the parties, the point that would

arise for my consideration is:

                  "Whether       the   appellants   are
             entitled for grant of bail under Section
             439 of Cr.P.C.?"

My answer to the above point is in 'Affirmative' for the

following:

REASONS

7. The victim herself has lodged the first information

against accused Nos.1 to 5 for the above said offences. It is

stated that the victim was working in Bengaluru whereas

accused No.1 was working in Vijaypura. The victim used to

visit Vijaypur on different occasions and accused No.1 is said

to have committed sexual assault under promise to marry

her. However, thereafter he refused to marry the victim.

Accused Nos.2 to 5 who are the family members of accused

No.1 said to have abused the victim by referring to her caste.

Even though such allegations are made, it is only a bald,

omnibus allegations without any specifications. Even

otherwise, the incident is said to have been occurred since

January 2022. It is not the contention of prosecution that

these appellants are required for further custodial

interrogation. It is stated that the investigation if already

completed and the charge sheet is filed. Under such

circumstances, I am of the opinion that the appellants are

entitled to be enlarged on bail subject to conditions, which will

take care of the apprehension expressed by the learned High

Court Government Pleader that the appellants may abscond

or may tamper or threaten the prosecution witnesses.

8. Accordingly, I answer the above point in the

affirmative and proceed to pass the following:

ORDER

The appeal is allowed.

The appellants are ordered to be enlarged on bail in

Crime No.19 of 2022 of Women Police Station, Vijaypur,

pending in Crl.Misc.No.394 of 2022 on the file of II Additional

Sessions Judge, Vijayapur, on obtaining the bond in a sum of

Rs.2,00,000/- each (Rupees Two Lakhs only) with two

sureties each for the likesum to the satisfaction of the

jurisdictional Court, subject to the following conditions:

a). The appellants shall not commit similar offences.

b). The appellants shall not threaten or tamper with the prosecution witnesses.

c). The appellants shall appear before the Court as and when required.

If in case, the appellants violates any of the conditions

as stated above, the prosecution will be at liberty to move the

Trial Court seeking cancellation of bail.

On furnishing the sureties by the appellants, the Trial

Court is at liberty to direct the Investigating Officer to verify

the correctness of the address and authenticity of the

documents furnished by the appellants and the sureties and a

report may be called for in that regard, which is to be

submitted by the Investigating Officer within 5 days. The Trial

Court on satisfaction, may proceed to accept the sureties for

the purpose of releasing the appellants on bail.

Sd/-

JUDGE

*bgn/-