Karnataka High Court
Basavaraj S/O Shekharagouda ... vs The State Of Karnataka on 13 April, 2023
Bench: Anil B Katti
-1-
CRL.A No. 100116 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 13TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL APPEAL NO.100116 OF 2023
BETWEEN:
BASAVARAJ S/O SHEKHARAGOUDA
LAKKANAGOUDRA, AGE. 22 YEARS,
OCC. AGRICULTURE,
R/O. GUDI ONI, NAREGAL
TQ. GAJENDRAGAD,
DIST. GADAG-582119.
...APPELLANT
(BY SHRI K.L. PATIL, ADVOCATE)
Digitally signed
by J MAMATHA
Location: HIGH
COURT OF
AND:
J KARNATAKA,
MAMATHA DHARWAD
BENCH, 1. THE STATE OF KARNATAKA
DHARWAD.
Date: 2023.04.13
16:51:30 +0530
THROUGH NAREGAL PS,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD-580011.
2. MAHALAXMI D/O HANUMANTAPPA BUDIHAL,
AGE. 20 YEARS, OCC. STUDENT,
R/O. NEAR SANJAY SCHOOL, HOLE ALUR,
TQ. RON, DIST. GADAG-582203.
...RESPONDENTS
(BY SHRI PRAVEEN K. UPPPAR, HCGP FOR R1:
SERVICE OF NOTICE TO R2 IS SERVED)
***
THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF SC
AND ST (POA) ACT SEEKING TO SET-ASIDE THE ORDER DATED
07.03.2023 PASSED BY ADDL. DISTRICT AND SESSIONS
-2-
CRL.A No. 100116 of 2023
JUDGE, GADAG AND GRANT REGULAR BAIL TO THE
APPELLANT/ACCUSED IN NAREGAL PS CRIME NO.09/2023
REGISTERED FOR THE OFFENCE P/U/SEC.354(A)(1)(i)(ii),
354(D) OF IPC AND SECTIONS 3(1)(w)(i), 3(2)(va) OF
SCHEDULE CASTES AND SCHEDULE TRIBES (PREVENTION OF
ATROCITIES) AMENDMENT ACT, 2015 PENDING ON THE FILE
OF ADDL. DISTRICT AND SESSIONS JUDGE, GADAG, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR ORDERS AND THE SAME
HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON
10.04.2023, THIS DAY, THE COURT, DELIVERED THE
FOLLOWING:
JUDGMENT
Appellant-accused being aggrieved by the rejection of his
bail application filed under Section 439 of Code of Criminal
Procedure (for short 'Cr.P.C') passed by learned Addl. District
and Sessions Judge, Gadag, in Naregal P.S. Crime No.9/2023
dated 07.03.2023, preferred this appeal.
2. Parties to the appeal are referred with their ranks
as assigned in the trial Court for the sake of convenience.
3. The factual matrix leading to the case of
prosecution can be stated in nutshell to the effect that victim is
a student studying at B.Com 3rd semester in Mariyappa Balappa
Kalakonnavar Government First Grade College, Naregal. On
06.02.2023 at about 11:30 a.m, while she was going to college
in a shortcut road after drawing money from the ATM. At that
CRL.A No. 100116 of 2023
time, an unknown person came from backside and caught hold
her. Complainant-victim screamed for help and due to which,
he left her and ran away from the place. Passers of the road
tried to chase and catch him, but they could not apprehend
him. On the basis of these allegations, case is registered in
Naregal P.S. No.9/2023 for the offences punishable under
Sections 354(A) (1)(i)(ii), 354(D) of Indian Penal Code (for
short 'IPC') and Sections 3(1) (w)(i), 3(2) (va) of Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities)
Amendment Act, 2015 (for short 'the Act').
4. Appellant-accused during the course of investigation
was arrested on 08.02.2023 and since then he is in judicial
custody. The bail application filed by appellant under Section
439 of Cr.P.C before trial Court came to be rejected by order
dated 07.03.2023.
5. Learned High Court Government Pleader appears
for respondent No.1-State and respondent No.2 though served
has remained unrepresented. Learned High Court Government
Pleader for respondent No.1-State filed objections opposing the
bail application contending that victim was produced before
J.M.F.C., Gadag and her statement under Section 164 of Cr.P.C
CRL.A No. 100116 of 2023
came to be recorded and she has reiterated the allegations
made in the complaint. Accused with preplan has followed the
victim and committed offence on the victim girl. There are
sufficient prima-facie material evidence against accused and
therefore, prayed for dismissal of the appeal.
6. Heard the arguments of both sides.
7. On careful perusal of complaint allegations filed by
victim girl would go to show that she is staying in her junior
aunt's house at Ron and attending to her college by making up
and down of her 3rd semester in B.Com. On 06.02.2023 at
about 11:30 a.m, she was going to college after drawing
amount from ATM on the pathway infront of Saibaba temple
and there was none on the road. At that time, an unknown
person came from backside and caught hold her. Due to which,
she screamed for help. On hearing hue and cry, said person by
pushing her fled away from the place. A shepherd and old man
chased the said person, but they could not apprehend him.
Complainant on informing about the incident to the Principal of
the college and her junior aunt, filed complaint by giving
description of the said unknown person.
CRL.A No. 100116 of 2023
8. Indisputably, FIR is registered in Naregal P.S crime
No.9/2023 against unknown person with the description of
person given in complaint. It is stated in the complaint that the
said person was aged about 25 to 28 years having fair
complexion, black hairs who was wearing full black shirt with
star colours, pant and chappals. On the basis of this
description, the prosecution claims that PSI on 07.02.2023 as
per remand application, collected the information from
Naregalla bulldozer colony people and they revealed that the
name of said person is Basavaraj S/o Shekharagouda
Lakkanagoudra. It is on the basis of such disclosure by
residents of bulldozer colony, appellant-accused was
apprehended. According to the prosecution, accused has given
voluntary statement and admitted that he was following victim
girl with an intention to commit sexual assault.
9. Indisputably, accused was unknown to complainant.
On the basis of alleged description of the person stated in the
compliant it would be very difficult to establish the identity of
person who caught hold complainant from her back with an
intention to commit sexual assault on her. The records
produced by the learned HCGP would go to show that one
Shekharappa Ningappa Kengar has seen the accused running
CRL.A No. 100116 of 2023
away from college side towards bulldozer colony. It has not
been claimed in the remand application that investigating
officer has enquired the Shekharappa Kengar who disclosed the
identity of accused on the basis of description given in the
complaint. The mere alleged statement of Shekharappa
Ningappa Kengar that he has seen accused running away from
college side towards bulldozer colony, cannot be said as
sufficient prima-facie evidence to connect the identity of
accused with the description of person given in the complaint.
The provisions of SC and ST Act have been invoked after
accused having been arrested. The alleged voluntary statement
of accused cannot be the basis to substantiate the allegations
made against him in the complaint. The accused is in judicial
custody since from the date of his arrest and accused is
permanent resident of address given in the cause title is not in
serious dispute. The presence of accused can be secured before
investigating officer or trial Court as and when required. The
apprehension of prosecution can be met by imposing
appropriate conditions. Consequently, proceed to pass the
following:
ORDER
The appeal filed by the appellant is hereby allowed.
CRL.A No. 100116 of 2023
Appellant-accused is ordered to be released on bail in
connection with Crime No.9/2023 of Naregal police station,
Tq: Ron, Dist: Gadag subject to following conditions:
i) Appellant is ordered to be released on bail on
executing personal bond for a sum of
Rs.50,000/- with one surety for likesum to the
satisfaction of trail Court.
ii) The appellant shall appear before the
Investigating Officer as and when called for the
purpose of investigation.
iii) The appellant shall not leave the jurisdiction of
trial Court without its prior permission.
iv) The appellant shall not tamper with the
prosecution witnesses in any manner.
(Sd/-)
JUDGE
AM/-
