Ashok S/O Hanumantappa ... vs The State Of Karnataka
2022 Latest Caselaw 12461 Kant

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                                      CRL.A No. 100420 of 2022




     IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

        DATED THIS THE 14TH DAY OF OCTOBER, 2022

                            BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 100420 OF 2022 (U/S 14 A(2) of SC
                         and ST ACT-)

BETWEEN:


1.    ASHOK S/O HANUMANTAPPA SHESHAGIRI
      AGE: 52 YEARS, OCC: DRIVER AUTORICKSHAW
      R/O MAQBOOLIA NAGAR, AKKI-ALUR
      TQ. HANGAL AND DIST. HAVERI-581102

2.    ABHILASH S/O. ASHOK SHESHAGIRI
      AGE: 24 YEARS, OCC: DRIVER-AUTORICKSHAW
      R/O. MAQBOOLIA NAGAR, AKKI-ALUR
      TQ. HANGAL AND DIST. HAVERI-581102



                                                  ...APPELLANTS
(BY SRI. K. L. PATIL, ADVOCATE)

AND:


1.    THE STATE OF KARNATAKA
      THROUGH PSI, HANAGAL P.S.,
      DIST. HAVERI-581104, NOW R/BY SPP,
      HIGH COURT OF KARNATAKA,
      BENCH AT DHARWAD.

2.    AKSHAYAKUMAR S/O. VENKATESHWAR ADOOR
      AGE: 29 YEARS, OCC: COOLIE,
      R/O. HALE CHALAWADI ONI,
      AKKI-ALUR, TQ. HANAGAL,
      DIST. HAVERI-581102
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                                      CRL.A No. 100420 of 2022

                                               ...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, 1995, SEEKING TO ALLOW THIS CRIMINAL APPEAL AND
ENLARGE THE APPELLANTS ON REGULAR BAIL IN CONNECTION
WITH HANAGAL P.S. CRIME NO.148/2022, WHICH IS REGISTERED
FOR THE OFFENCE PUNISHABLE U/S 323, 302, 504, 506 R/W
SECTION 34 OF IPC AND SECTION 3(1)(r), 3(2)(va), 3(2)(V) OF THE
SC/ST (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015, ON
THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE
AND SPECIAL JUDGE, HAVERI.
     THIS CRIMINAL APPEAL COMING ON FOR ORDERS THIS DAY,
THE COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

challenging the order dated 01.09.2022 passed in Hanagal

P.S. Crime No.148/2022 which came to be rejected by the I

Additional District and Sessions Judge and Special Judge, at

Haveri.

2. Heard the learned counsel for the appellants and

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

3. The respondent No.2 who was physically present

on the previous date of hearing, prayed not to grant bail to

the appellants and submitted that, if they are granted bail,

they will threaten him and other witnesses.

CRL.A No. 100420 of 2022

4. The case of the prosecution is that, one

Akshayakumar, son of the deceased has filed complaint

stating that, on 10.08.2022 at about 4.30 p.m., the

complainant and his friend Allamaprabhu were having tea

near Akki-Alur bus stand and they heard the noise of fight in

side the bus stand. Immediately, the complainant and his

friend went inside the bus stand and saw that accused Nos.1

and 2 were abusing his father in filthy language by taking his

caste name and abused in filthy language for parking the

auto rickshaw in the auto rickshaw stand and picked up

quarrel and assaulted with hands. Thereafter, he himself

Allamaprabhu Hugar, Hanumanthappa Dwaralli, Mahendra

Dearalli, Vinayak Chalawadi, Noushad Baloor, Parashuram

Shettar, complainant's uncle Nagappa Adur and the

Controller of the bus stand came to pacify the quarrel and at

that time, accused Nos.1 and 2 caught hold the shirt of his

father by saying his father that he should not park the auto

rickshaw in their area and abused in filthy language and

assaulted with hands all over the body and fisted on the

chest of his father with force. The accused have also

assaulted his uncle. Due to the assault made by the accused,

CRL.A No. 100420 of 2022

his father fell down. Immediately, he himself and the people

gathered around there, shifted his father by a private vehicle

to the Government Hospital, Akki-Alur for treatment, wherein

the Doctor has told that, his father is dead. The said

complaint came to be registered in Crime No.148/2022 for

the offences punishable under Sections 323, 302, 504, 506

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

3(2)(r), 3(2)(V)(VA) of the SC/ST (Prevention of Atrocities)

Act, 1989.

5. The appellants/accused Nos.1 and 2 came to be

arrested on 11.08.2022 and they are in judicial custody. The

appellants filed bail application and the same came to be

rejected by order dated 01.09.2022. The appellants have

challenged the said order in the instant appeal.

6. Learned counsel for the appellant would contend

that, the dispute is with regard to the parking the auto

rickshaw in the bus stand and the alleged assault is by

hands. The alleged incident might have taken place in the

bus stand with regard to the queue of the auto rickshaw and

therefore, it does not attract the offence punishable under

CRL.A No. 100420 of 2022

Section 302 of IPC. It is his further submission that, the

appellants are the sole earning members in their family. The

appellants are the permanent residents of Akki-Alur. The

major portion of the investigation is over. Except the offence

alleged under Section 302 of IPC, the other offences are not

punishable with death or imprisonment for life. With this, he

submits that, without considering all these aspects, the

learned Special Judge has passed the impugned order which

requires interference of this Court. With this, he prayed to

allow the appeal.

7. Per contra, learned HCGP would contend that, the

investigation is in progress. The averments of the complaint

shows that, the appellants have abused the father of the

complainant by taking his caste name and they assaulted

him with hands on the body and fisted with force on the

chest of the deceased. The alleged incident has been

witnessed by five witnesses. The postmortem has been

conducted and the heart of the deceased has been sent for

Histopathology examination and the report is awaited. It is

his further submission that, if the appellants are granted bail,

CRL.A No. 100420 of 2022

they will hamper the investigation and tamper the

prosecution witnesses. Considering all these aspects, the

Special Court has rightly passed the impugned order which

does not call for any interference by this Court.

8. Having regard to the submissions made by the

learned counsel for the appellants and the learned HCGP,

this Court has gone through the averments of the complaint,

FIR, the impugned order and the investigation papers,

furnished by the learned HCGP.

9. The accusations leveled against these appellants

are that, they started quarreling with the father of the

complainant with regard to the parking of his auto rickshaw

in the queue of the bus stand and abused him by taking his

caste name, assaulted him with hands and fisted him on his

chest with force, and he died. As per the averments of the

complaint, the said incident has been witnessed by the

complainant, his uncle and also others including Controller of

the bus stand. In the said incident, the uncle of this

complainant Nagappa Adur also sustained injuries. The

offence alleged against the appellants is punishable with

CRL.A No. 100420 of 2022

death or imprisonment for life. There are eyewitnesses to the

alleged incident. As the investigation is in progress, if the

appellants are granted bail, they may hamper the

investigation and tamper the prosecution witnesses.

Considering all these aspects, the learned Special Court has

rightly rejected the bail application of the appellants by the

impugned order which does not call for any interference by

this Court. The appellants have not made out any grounds

for setting aside the impugned order and for grant of bail at

this stage, when the investigation is in progress.

Hence, the appeal is dismissed.

The appellants are at liberty to file the bail application

before the Special Court, after filing of the charge-sheet.

Sd/-

JUDGE

SVH