Ramchandra S/O Shrishailappa ... vs The State Of Karnataka
2022 Latest Caselaw 13005 Kant

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                                      CRL.A No. 100515 of 2022




     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

        DATED THIS THE 15TH DAY OF NOVEMBER, 2022

                           BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 100515 OF 2022 (U/S 14 A(2) of SC
                         and ST ACT-)

BETWEEN:

1.    RAMCHANDRA S/O SHRISHAILAPPA KOLLAR
      AGE: 44 YEARS,
      OCC: AGRICULTURE,

2.    MARUTI S/O RAMCHANDRA KOLLAR
      AGE: 16 YEARS,
      OCC: STUDENT,

3.    SHIVU ALIAS SHIVKUMAR S/O RAMCHANDRA KOLLAR
      AGE: 14 YEARS,
      OCC: STUDENT,

      R/O. BODNAYAKANDINNI-587115
      TQ AND DIST. BAGALKOTE


                                                  ...APPELLANTS
(BY SRI. N. L. BATAKURKI, ADVOCATE)

AND:

1.    THE STATE OF KARNATAKA
      BY PSI BAGALKOT RURAL P.S.-587103
      TQ AND DIST. BAGALKOTE
      REP BY SPP HIGH COURT BUILDING,
      DHARWAD

2.    NAGAPPA S/O BAILAPPA CHALWADI
      AGE: 33 YEARS, OCC: SERVICE,
      R/O. BODNAYAKANDINNI-587115
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                                      CRL.A No. 100515 of 2022

      TQ AND DIST. BAGALKOTE



                                                ...RESPONDENTS
(SRI. PRASHANTH V. MOGALI, HCGP FOR R1;
R2 SERVED)

      THIS CRIMINAL APPEAL IS FILED U/S 14 A (2) OF SC/ST (POA)
ACT, SEEKING TO SET ASIDE THE ORDER PASSED BY THE II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BAGALKOT IN
CRIL.MISC.NO.531/2022 TO DATE 15.09.2022 FOR THE ALLEGED
OFFENCES U/S 143, 147, 148, 323, 324, 504, 506 R/W SECTION 149
OF THE IPC AND SECTION 3(1) (r), 3(1)(s) OF SC/ST (PREVENTION
OF   ATROCITIES)   ACT,   AND     ORDER     TO   ENLARGE    THE
APPELLANTS/ACCUSED NO.1, 6 AND 7 ON BAIL IN THE EVENT OF
THEIR ARREST IN BAGALKOT RURAL P.S. CRIME NO.154/2022 FOR
THE ALLEGED OFFENCES U/S 143, 147, 148, 323, 324, 504, 506,
R/W SECTION 149 OF THE IPC AND SECTION 3(1) (r), 3(1)(s) OF
SC/ST (PREVENTION OF ATROCITIES) ACT, BY ALLOWING THIS
APPEAL.
    THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

This appeal is filed by the accused Nos.1, 6 &

7,challenging the order dated 15.09.2022 passed in

Criminal Misc. No.531/2022 by the II Additional District

and Sessions Judge, Bagalkote, whereunder, an

anticipatory bail petition of the appellants/accused Nos.1,

6 & 7 in respect of Crime No.154/2022 of Bagalkote Rural

Police Station, for the offences punishable unde Sections

143, 147, 148, 323, 324, 504, 506 read with Section 149

CRL.A No. 100515 of 2022

of IPC and Sections 3(1)(r), 3(1)(s) of SC/ST (POA) Act,

came to be rejected.

2. Heard the learned counsel for the appellants

and the learned HCGP for the respondent No.1-State.

3. In spite of service of notice, respondent No.2

remained absent and un-represented.

4. The case of the prosecution is that, respondent

No.2 has filed the complaint stating that he is resident of

Bodnayakandinni village of Bagalkote Taluk, that on

04.09.2022 at about 6.00 p.m. near bus stand on 5th day

immersion of Ganesh idol a pooja was offered and auction

of Ganesh pooja items like fruits etc., was conducted in

which respondent No.2 has participated. At that time

accused No.1 abused him in filthy language, on

questioning by the respondent No.2 again accused No.1

abused him taking his caste. It is further stated that on

05.09.2022 accused No.1 called the father of respondent

No.2 to his house and asked him to advise his son and

also abused and threatened to his father. When he is

CRL.A No. 100515 of 2022

ready to go to Bagalkote at that time his father came and

informed him that accused No.1 asked him to advise him

and also threatened him, by that time all other accused

came there and caught hold respondent No.2 and

assaulted and abused him in filthy language touching his

caste. The said complaint came to be registered in Crime

No.154/2022 of Bagalkote Rural Police Station for the

offences punishable under Sections 143, 147, 148, 323,

324, 504, 506 read with Section 149 of IPC and Sections

3(1)(r)(s) of SC and ST (POA) Act. Accused Nos.1 to 7

apprehending their arrest filed Criminal Miscellaneous

No.531/2022 seeking anticipatory bail and the same came

to be rejected by the II Additional District and Sessions

Judge, Bagalkote by order dated 15.09.2022. Therefore,

appellants/accused Nos.1, 6 & 7 have challenged the said

order in the instant appeal.

5. Learned counsel for the appellants/accused

Nos.1, 6 & 7 would contend that there are no specific

allegations against these appellants to attract the offences

alleged against them. It is his further submission that the

CRL.A No. 100515 of 2022

allegations made against these appellants are omnibus

allegations. There are no specific overt acts against each

of the appellants in the complaint. Accused No.1 has also

filed the complaint against the complainant and it is

registered in Crime No.155/2022 of Bagalkote Rural Police

Station for the offences punishable under Sections 143,

147, 148, 323, 324, 326, 307, 504 read with Section 149

of IPC. It is his further submission that as no prima facie

case is made out for the offence punishable under Section

3 of SC and ST (POA) Act, the bar contained under Section

18 of SC and ST (POA) Act is not attracted. It is his

further submission that without considering all these

aspects, the learned Sessions/Special Judge has passed

the impugned order which requires interference by this

Court. With this, he prayed to allow the appeal.

6. Per contra, learned High Court Government

Pleader would contend that the investigation is still in

progress. The alleged incident occurred near bus stand

which is a public place. The appellants abused the

complainant touching his caste, assaulted him with hands

CRL.A No. 100515 of 2022

and legs and caused injuries. The Investigating Officer

has recorded the statements of eyewitnesses. Considering

all these aspects, the learned Sessions/Special Judge has

rightly rejected the anticipatory bail petition of these

appellants/accused Nos.1, 6 & 7 which does not call for

any interference by this Court. With this, he prayed to

dismiss the appeal.

7. Having regard to the submissions made by

learned counsel for the appellants and learned High Court

Government Pleader for respondent No.1-State, this Court

has gone through the averments of the complaint, FIR and

the impugned order.

8. The accusation against these appellants and

another accused in the complaint is that, on 05.09.2022

when the father of the complainant came near bus stand

to intimate what had happen in the house of accused

No.1, at that time accused Nos.1 to 7 came there and

started quarrelling with the complainant. Accused Nos.1,

2 and 3 have abused the complainant in filthy language,

CRL.A No. 100515 of 2022

held his shirt and assaulted him with hands. At that time

accused Nos.1 and 3 held him tightly and accused Nos.2

and 6 assaulted him with stone on his head, left year and

caused bleeding injuries. At that time accused Nos.4 and

5 have assaulted him with hands and kicked him and

stamped with legs by wearing chappal and abused him

taking his caste. At that time, accused Nos.6 and 7 have

assaulted him with hands and also all the accused

assaulted the persons who came to rescue him.

Accused Nos.1, 2 and 3 alleged to have together

abused the complainant in filthy language. It is also

alleged that accused Nos.4 and 5 together abused the

complainant taking his caste. What are the words of

abuse by accused Nos.4 and 5 have not been stated in the

complaint. It is also not stated that among accused Nos.4

and 5 which accused used which abusive words to the

complainant. The abuse alleged to have been made by

accused Nos.1, 2 and 3 is omnibus allegation therefore, at

this stage it cannot be said that accused Nos.1, 2 and 3

together used the same words at the same time. There is

CRL.A No. 100515 of 2022

no allegation of accused Nos.6 & 7 abusing the

complainant by touching his caste. Therefore at this stage,

there is no prima facie case against appellants for the

offences punishable under Sections 3(1)(r)(s) of SC and

ST (POA) Act. When there is no prima facie case, the

petition filed under Section 438 of Cr.P.C. can be

entertained as the bar under Section 18 of SC and ST

(POA) Act is not attracted. Without considering all these

aspects, learned Sessions/Special Court has passed the

impugned order which requires interference by this Court.

The other offences alleged against the appellants are not

punishable with death or imprisonment for life. The

appellants have undertaken to co-operate with the Police

in investigation.

9. The main apprehension of the prosecution is

that if the appellants are granted anticipatory bail, they

will hamper the investigation and tamper the prosecution

witnesses can be met with by imposing stringent

conditions.

CRL.A No. 100515 of 2022

10. In the facts and circumstances of the case and

submission of the counsel, this Court is of the view that

there are valid grounds for setting aside the impugned

order and granting anticipatory bail subject to certain

terms and conditions. Hence, I proceed to pass the

following:

ORDER

The appeal is allowed. The impugned order dated

15.09.2022 passed in Criminal Miscellaneous No.531/2022

by the II Additional District and Sessions Judge, Bagalkote

is set aside so far as these appellants/accused Nos.1, 6 &

7 are concerned. Consequently, appellants/accused

Nos.1, 6 & 7 are ordered to be released on bail in the

event of their arrest in Crime No.154/2022 of Bagalkote

Rural Police Station, subject to the following conditions:

i. The appellants/accused Nos.1, 6 & 7 shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) each with one surety for the likesum to the satisfaction of Investigating Officer.

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CRL.A No. 100515 of 2022

ii. The appellants/accused Nos.1, 6 & 7 shall voluntarily appear before the Investigating Officer within fifteen days from this day and execute bail bond and furnish surety.

iii. The appellants/accused Nos.1, 6 & 7 shall attend the Police Station concerned every Sunday between 10:00 a.m. and 06:00 p.m. and mark their presence for a period of two months or till filing of the final report, whichever is earlier.

iv. The appellants/accused Nos.1, 6 & 7 shall co-operate with the investigating officer and make themselves available for interrogation whenever required.

v.     The appellants/accused Nos.1, 6 & 7 shall
       not   directly    or      indirectly   make        any
       inducement,      threat      or   promise    to    any

witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer.

vi.    The appellants/accused Nos.1, 6 & 7 shall
       not   obstruct     or       hamper     the       police

investigation and not to play mischief with

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CRL.A No. 100515 of 2022

the evidence collected or yet to be collected by the police.

Sd/-

JUDGE

SVH