Shabbir C.K vs State By Chinthamani Town Police
2022 Latest Caselaw 12119 Kant

 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 23 R D DAY OF SEPTEMBER, 2022

                        BEFORE

THE HON'BLE MR. JUSTICE SREENIVAS HARISH KUMAR

         CRIMINAL APPEAL NO.1453 OF 2022

BETWEEN:

1.    Shabb ir C.K.
      S/o Late Kuuddus
      Aged about 68 years

2.    Mahammed Jab eer
      S/o. Shabbir C.K.
      Aged about 38 years
      Both are residing at
      Ward No.1, Near Noorani Masjid
      Venkatag irikote
      Chinthamani Town-563125.
                                           ...Appellants
(By Sri Kalyan R., Advocate)

AND:

1.    State by Chinthamani Town Police
      Rep. by Public Prosecutor
      Hon'b le Hig h Court of Karnataka
      Bang alore-01

2.    Sri V. Muniraju
      S/o. Late Venkatarayapp a
      Aged about 48 years
      R/at Ward No.3, Venkatag irikote
      Chinthamani Town-563125
      Chikkab allapura District
                                          ...Respondents
(By Sri K. Rahul Rai, HCGP for R1;
    R2 Served - Unrepresented)
                                      :: 2 ::


      This Criminal Ap peal is filed under Section 14-
A(2) of SC/ST (POA) Act, praying to set asid e the
order d ated 06.08.2022 passed by the I Additional
District and Sessions Judge at Chikkab allapura and
conseq uently to grant anticip atory bail in the event of
the   app ellants        being      arrested    in     CR.   No.117/2022
registered         in        the     Chinthamani            Town     Police,
Chikkab allapura             District    for    the     alleg ed     offence
punishab le under Section 323, 504, 506 read with
Section 34 of IPC and Section 3(1)(r), 3(1)(s) of
SC/ST (POA) Act, pend ing on the file of the Additional
District and Sessions Court at Chikkaballapura.

      This Criminal Appeal coming on for admission
this d ay, the Court d elivered the following:

                                JUDGMENT

This is an appeal is filed under Section

14(A)(2) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act ('SC/ST Act'

for short), challenging the correctness of the order

dated 06.08.2022 passed by the I Additional

District and Sessions Judge, Chikkaballapura in

Crl.Misc.No.576/2022, rejecting the appellants'

application under Section 438 of Cr.P.C., for :: 3 ::

anticipatory bail in connection with Crime

No.117/2022 registered by the first respondent

police, for the offences punishable under Sections

323, 504 and 506 of IPC and Sections 3(1)(r) and

3(1)(s) of the SC/ST Act.

2. Heard Sri Kalyan R, learned counsel for

the appellants and the learned High Court

Government Pleader for respondent No.1-State.

Respondent No.2 has been served with notice, but

there is no representation on his behalf.

3. On 30.05.2022, the second respondent

made a report to the police stating that around

11.00am, when he had been to Tahsildar's office

to discuss the matter relating to lands in

Sy.Nos.71 and 14, the appellants went there and

altercated and insulted him in the name of his

caste.

4. Perusal of the impugned order shows that

the trial court rejected the application for :: 4 ::

anticipatory bail holding that Section 18 of SC/ST

Act is a bar. It is to be mentioned that almost in

every FIR an allegation with regard to caste based

insultation is usually found. But if the genesis of

the quarrel is seen, many a time it is found the

caste factor is not the reason for insultation and

the reason for the quarrel is something otherwise.

5. In this case also the report made by the

second respondent indicates that land dispute

might be the reason for altercation. In this view,

it is difficult to say that prima-facie case exists in

relation to offences under the provisions of SC/ST

Act. The offences under Sections 323, 504 and

506 of IPC are bailable in nature. Therefore there

was no impediment for the court below to grant

anticipatory bail. The appellants' presence can

also be secured for investigation at any time.

Hence the following:

:: 5 ::

ORDER

Appeal is allowed.

The order dated 06.08.2022 passed in Crl.Misc.576/2022 by the I Additional District and Sessions Judge, Chikkaballapura, is set aside.

In the event of arrest of the appellants by the respondent police in connection with Crime No.117/2022, they shall be released on bail subject to each of them executing a bond for Rs.50,000/- (Fifty Thousand only) and providing two sureties for the likesum to the satisfaction of the investigating officer. The appellants are also subjected to following conditions:-

(i) They shall co-operate with the investigating officer for completing the investigation.

(ii) They shall attend the police station whenever their presence is necessary for the purpose of investigation.

:: 6 ::

(iii) They shall not threaten the witnesses and tamper with evidence.

Sd/-

JUDGE

Kmv/-