Karnataka High Court
Adiveppa S/O Vittappa ... vs The State Of Karnataka on 3 November, 2022
Bench: Shivashankar Amarannavar
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 3RD DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 100312 OF 2022
BETWEEN:
ADIVEPPA S/O. VITTAPPA CHANDAVARKAR
AGE.55 YEARS, OCC.LABOUR,
R/O.PADADAYANAVAR HAKKALA, P.B.ROAD,
BEHIND RELIANCE PETROL PUMP,
HUBBALLI, DIST.DHARWAD.
...PETITIONER
(BY SRI. SATISH S. RAICHUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY PUBLIC PROSECUTOR,
THROUGH DHARWAD RURAL POLICE STATION,
HIGH COURT OF KARANATAKA,
DHARWAD BENCH, DHARWAD.
2. SURESH S/O. BANDEPPA GAYAKAWAD
AGE.56 YEARS, OCC.FARMER,
R/O.ITIGATTI,
TQ AND DIST.DHARWAD.
3. PARASHURAM S/O. SURESH GAYAKWAD
AGE.27 YEARS, OCC.FARMER,
R/O.ITIGATTI,
TQ AND DIST.DHARWAD.
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CRL.A No. 100312 of 2022
4. SANTOSH S/O. SURESH GAYAKWAD
AGE.27 YEARS, OCC.FARMER,
R/O.ITIGATTI,
TQ AND DIST.DHARWAD.
...RESPONDENTS
(BY SRI.PRASHANTH V. MOGALI, HCGP FOR R1;
SR. B. G. INDI, ADVOCATE FOR R2 TO 4)
THIS CRIMINAL APPEAL IS FILED U/S 14 A(1) OF SC AND
ST (POA) ACT, 2015, SEEKING TO SET ASIDE THE ORDER
PASSED IN SUMMARY CASE NO.3/2021 DATED 24.09.2021
ACCEPTING THE B REPORT FILED BY DHARWAD, RURAL P.S.,
IN CRIME NO.137/2020, FOR THE OFFENCES PUNISHABLE U/S
323, 324, 354, 504, 506, R/W SECTION 34 OF IPC AND U/S
3(1)(r), 3(1)(s) AND 3(2) (v-a) OF SC AND ST (POA) ACT,
1989 AMENDMENT ACT 2015 AND CONSEQUENTLY ALLOW THE
APPELLANT TO FILE HIS PROTEST TO THE B REPORT
SUBMITTED BY THE DHARWAD RURAL P.S. IN SUMMARY CASE
NO.3/2021 BEFORE THE II ADDITIONAL DISTRICT AND
SESSIONS JUDGE AND SPECIAL JUDGE, DHARWAD.
THIS CRIMINAL APPEAL IS COMING ON FOR
ORDERS THIS DAY, THE COURT DELIVERED THE
FOLLOWING:
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CRL.A No. 100312 of 2022
JUDGMENT
This appeal is filed by the complainant/victim
challenging the order dated 24.09.2021 passed in
Summary Case No.3/2021 by learned II Additional
District and Sessions and Special Judge, Dharwad
accepting the 'B' report filed by Dharwad Rural
Police Station in Crime No.137/2020 registered for
the offences punishable Sections 323, 324, 354,
504, 506 read with Section 34 of the Indian Penal
Code (hereinafter referred to as 'IPC', for brevity)
and under Sections 3(1)(r), 3(1)(s) and 3(2)(va)
of The Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act,1989 (hereinafter
referred to as 'SC & ST (POA) Act', for brevity).
2. Heard learned counsel for the appellant,
learned High Court Government Pleader for
CRL.A No. 100312 of 2022
respondent No.1-State and learned counsel
appearing for respondent Nos.2 to 4.
3. The appellant/complainant had filed typed
complaint on 27.08.2020 before Dharwad Rural
Police Station and the same came to be registered
in Crime No.137/2020 for the offences punishable
under Sections 323, 324, 354, 504, 506 read with
Section 34 of IPC and Sections 3(1)(r), 3(1)(s) and
3(2)(va) of SC and ST (POA) Act, arraying
respondent Nos.2 to 4 as accused Nos.1 to 3 in the
FIR. After investigation the Dy.S.P., Dharwad
Rural Sub-Division, Dharwad submitted the 'B' final
report along with 42 documents praying for
acceptance of 'B' summary report. On receipt of
the said 'B' report learned II Additional District
and Sessions and Special Judge, Dharwad has
ordered issuance of notice to the first
informant/victim i.e. appellant herein. Twice the
CRL.A No. 100312 of 2022
notice has not been served on the appellant/first
informant, subsequently again the Court has
ordered on 31.07.2021 issuance of notice to the
complainant by mentioning the date of appearance
as 24.09.2021. On 24.09.2021 the case was called
and learned Sessions/Special Judge noted that the
notice to the complainant is served personally.
The appellant/first informant was called out and he
was absent. Noting the valid service of notice to
the complainant, learned Special Judge has
accepted the 'B' report by order dated 24.09.2021.
The said order is challenged by the appellant
herein in the instant appeal. The only ground
urged(pressed) is that there is no service of notice
on the appellant/first informant.
4. Learned counsel for the appellant
submitted that the alleged service of notice on the
appellant/first informant on the back side of the
CRL.A No. 100312 of 2022
notice issued on 03/08/2021 has not served on the
appellant/first informant and the signature on it is
not of the appellant/first informant's. With this,
he prayed to allow the appeal.
5. Learned counsel for respondent Nos.2 to
4 and also learned High Court Government Pleader
submitted that the Investigating Officer prior to
filing of 'B' report to the Court has sent an
intimation of filing of 'B' report by registered post
on 24.02.2021. They also further submits that the
notice sent by the Court to the appellant/first
informant has also been served personally on him
and there is a signature of the appellant/first
informant on the back page of the notice and also
there is endorsement of the Police Constable
having served the notice on the appellant/first
informant. They further submitted that the
appellant/first informant was aware of the filing of
CRL.A No. 100312 of 2022
'B' report and he did not challenged it by filing the
protest petition and only to harass respondent
Nos.2 to 4 he has filed this appeal. With this, they
prayed to dismiss the appeal.
6. Having heard learned counsel for the
appellant, learned High Court Government Pleader
for respondent No.2 and learned counsel for
respondent Nos.2 to 4, this Court has perused the
appeal papers.
7. The Special Court after receipt of the 'B'
report has ordered issuance of notice to the first
informant who is appellant herein. Twice the said
notice was not served on the appellant/first
informant, thereafter again the Special Court has
ordered for issuance of notice to the appellant/first
informant by mentioning the date of appearance as
24.09.2021. As per the endorsement of the Police
CRL.A No. 100312 of 2022
Constable, the said notice has been served on the
appellant/first informant and there is a signature
on back page of the said notice. But, on
comparing the said signature of the appellant/first
informant with the signature of the appellant/first
informant on the complaint dated 27.08.2020, the
signature on back page of the said notice is
different from the signature on the complaint.
Therefore, under such circumstances this Court is
of the view that the appellant/first informant to be
given opportunity to challenge the 'B' report.
Therefore, the impugned order requires to be set
aside. Hence, I proceed to pass the following:
ORDER
The appeal is allowed. The impugned order
dated 24.09.2021 passed in Summary Case
No.3/2021 (Dharwad Rural Police Station Crime
No.137/2020) by the learned II Additional District
CRL.A No. 100312 of 2022
and Sessions and Special Judge, Dharwad, is set
aside.
The appellant/first informant is directed to
appear before the learned II Additional District and
Sessions and Special Judge, Dharwad on
01.12.2022 without waiting for any further notice
from the Special Court.
Sd/-
JUDGE
SMM
