Karnataka High Court
T S Suresh vs State By Koppa Police Station on 21 April, 2023
Bench: Mohammad Nawaz
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CRL.A No. 530 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 530 OF 2023
C/W
CRIMINAL APPEAL NO. 529 OF 2023
IN CRL.A. NO.530 OF 2023
BETWEEN:
1. T S SURESH
S/O SATHYANARAYANA
AGED ABOUT 46 YEARS
WORKING AT TAYOTA COMPANY
R/O 2ND MAIN, 6TH CROSS
Digitally MES ROAD, MATHSYALA NAGARA
signed by BENGALURU-560 054.
LAKSHMI T
...APPELLANT
Location:
High Court
of Karnataka (BY SRI. K V SATEESHCHANDRA, ADVOCATE)
AND:
1. STATE BY KOPPA POLICE STATION
KOPPA TALUK, CHIKKAMAGALUR- 577 126.
REPRESENTED BY
STATE PUBLIC PROSECUTOR
KARNATAKA HIGH COURT BUILDING
BANGALORE-560 001.
2. VENKATESH
S/O. GANESH,
AGED ABOUT 45 YEARS
R/O CHIKKANAGUNDI
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CRL.A No. 530 of 2023
HORANDUR VILLAGE,
KOPPA TALUK
CHIKKAMAGALURU-577 126.
3. SHREYAS V
S/O VENKATESH
AGED ABOUT 19 YEARS
R/O CHIKKANAGUNDI
HORANDUR VILLAGE
KOPPA TALUK
CHIKKAMAGALURU-577 126.
...RESPONDENTS
(BY SRI. K.NAGESHWARAPPA, HCGP FOR R1;
R2 AND R3 ARE SERVED)
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 PRAYING TO A. SET ASIDE THE IMPUGNED ORDER
PASSED BY THE COURT OF I ADDITIONAL SESSIONS AND
SPECIAL JUDGE, AT CHIKKAMAGALURU IN
CRL.MISC.NO.10/2023 DATED 23.02.2023. B. ALLOW THE
ABOVE CRIMINAL APPEAL BY ENLARGING THE APPELLANTS
(ACCUSED NO.1) ON BAIL AND DIRECT THE RESPONDENT
POLICE (KOPPA POLICE) TO RELEASE THE APPELLANTS ON
BAIL, IN THE EVENT OF HIS ARREST IN CR.NO.10/2023 FOR
THE OFFENCE P/U/S.447,324,307,504 R/W SEC.34 OF IPC AND
SEC.3(1)(r)(s), 3(2)(va) OF SC/ST (POA) ACT.
IN CRL.A. NO.529 OF 2023
BETWEEN:
1. ANITHA R
W/O SURESH T S,
AGED ABOUT 45 YEARS,
2. SUSHEELAMMA,
W/O LATE T M SATYANARAYANA,
AGED ABOUT 65 YEARS,
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CRL.A No. 530 of 2023
BOTH ARE RESIDING AT #373,
2ND A MAIN, 6TH CROSS, M E S ROAD,
MUTYALAYA NAGARA,
BENGALURU - 560 054.
...APPELLANTS
(BY SRI. K V SATEESHCHANDRA, ADVOCATE)
AND:
1. STATE BY KOPPA POLICE STATION,
KOPPA TALUK,
CHIKKAMAGALURU - 577 126.
REPRESENTED BY
STATE PUBLIC PROSECUTOR.
KARNATAKA HIGH COURT BUILDING
BANGALORE - 560 001.
2. VENKATESH,
AGED ABOUT 45 YEARS,
R/O CHIKKANAGUNDI,
HORANDUR VILLAGE, KOPPA TALUK,
CHIKKAMAGALURU - 577 126.
3. SHREYAS V
S/O VENKATESH,
AGED ABOUT 19 YEARS,
R/O CHIKKANAGUDNI,
HORANDUR VILLAGE, KOPPA TALUK,
CHIKKAMAGALURU - 577 126.
...RESPONDENTS
(BY SRI. K.NAGESHWARAPPA, HCGP FOR R1;
R2 AND R3 ARE SERVED)
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CRL.A No. 530 of 2023
THIS CRL.A. IS FILED U/S.14(A) (2) OF SC/ST (POA)
ACT, 2015 PRAYING TO A. SET ASIDE THE IMPUGNED ORDER
PASSED BY THE COURT OF I ADDITIONAL SESSIONS AND
SPECIAL JUDGE, AT CHIKKAMAGALURU IN
CRL.MISC.NO.102/2023 DATED 23.02.2023. B. ALLOW THE
ABOVE CRIMINAL APPEAL BY ENLARING THE APPELLANTS ON
ANTICIPATORY BAIL AND DIRECT THE RESPONDENT POLICE
(KOPPA POLICE) TO RELEASE THE APPELLANTS ON BAIL, IN
THE EVENT OF HIS ARREST IN CR.NO.10/2023 FOR THE
OFFENCE P/U/S.447,324,307,504 R/W SEC.34 OF IPC AND
SEC.3(1)(r)(s), 3(2)(va) OF SC/ST (POA) ACT.
THESE APPEALS ARE COMING ON FOR ADMISSION, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Criminal Appeal No.530/2023 is preferred by accused
No.1 and criminal appeal No.529/2023 is preferred by
accused Nos.3 and 4 respectively.
2. Heard the learned counsel for appellants and
learned High Court Government Pleader for
respondent/State and perused the material on record.
CRL.A No. 530 of 2023
3. The appellants are accused in Crime
No.10/2023 of Koppa Police Station registered for offences
punishable under Sections 447, 324, 307, 504 r/w 34 of
IPC and Section 3(1)(r)(s), (2)(va) of the SC/ST (POA)
Amendment Act, 2015.
4. A perusal of the complaint lodged by one
Shreyas V. would reveal that his father by name
Venkatesh was assaulted on his head etc., when he had
gone to his land on 29.01.2023 at about 4.30 p.m. and
this was informed to the first informant by one Sandeep.
Immediately the first informant went to the hospital and
on enquiry, his father informed him that while working in
the land, accused No.1, his son i.e., accused No.2, wife
and mother of accused No.1 came in a Innova Car bearing
Registration No.KA-53-P-2133 and abused him referring to
his caste as 'Holeya Sule Magane' and then accused No.2
with an intention to commit his murder wielded a chopper
on account of which he sustained severe injuries on his
head and accused No.1 tried to assault him with a rod
CRL.A No. 530 of 2023
and when he tried to evade the said blow, he sustained
injuries to his left hand. One Ramachandra and his son
came and pacified the quarrel and shifted the injured to
the hospital.
5. The learned counsel for appellants would
contend that on account of a land dispute, a false case has
been foisted against accused No.1 and his family
members. He would draw the attention of the Court to a
private complaint in PCR No.189/2021 filed by accused
No.4 against the injured for an offence punishable under
Section 138 of N.I. Act, a criminal complaint lodged by
accused No.3 against the injured and another which was
registered in crime No.1/2023 of Koppa Police Station for
an offence punishable under Section 379 of IPC, another
criminal case registered in crime No.11/2023 of Koppa
Police Station on a complaint lodged by accused No.3
against the injured and another for offences punishable
Sections 506, 341 and 354 of IPC. It is also contended
that since the appellants herein were facing threat from
CRL.A No. 530 of 2023
complainant's party, couple of representations were also
given to the DG and IGP by accused No.1. It is therefore
contended that on account of previous enmity, appellants
are implicated in a false case.
6. Learned counsel would also contend that the
injured has been discharged from the hospital and there
are no criminal antecedents against the appellants. He
submits that accused No.1 is in custody for more than 90
days. He contends that even accepting the allegations in
the FIR, the ingredients of the offences under the SC/ST
Act are not made out. Therefore seeks to enlarge the
appellants on bail by imposing any conditions.
7. The learned High Court Government Pleader
has opposed the prayer contending that the injured has
sustained grievous injuries and both accused Nos.1 and 2
with a common intention have attempted on the life of the
injured. He contends that in view of the specific allegations
against accused Nos.3 and 4 that they have abused the
injured with filthy language referring to his caste, they are
CRL.A No. 530 of 2023
not entitled for the relief of anticipatory bail. He contends
that the learned Sessions Judge having appreciated the
material on record has rightly rejected the prayer of the
appellants and therefore seeks to dismiss the appeals.
8. Accused No.1 preferred a petition under Section
439 of Cr.P.C and Accused Nos.3 and 4 preferred a
petition under Section 438 Cr.P.C before the learned
Sessions Judge. Both the said petitions came to be
dismissed. Hence, they have preferred the above appeals.
9. The FIR is registered against accused Nos.1 to
4. A perusal of the complaint averments goes to show
that when the injured Venkatesh was working in the land,
all the accused came in a car and abused him in filthy
language referring to his caste as 'holeya sule magane'
and questioned him as to why he has come to the land.
The abusive words used against the injured insulting his
caste is concerned, an omnibus allegations are made that
all the four accused have abused him. It is not specifically
stated as to which of the accused used the abusive words.
CRL.A No. 530 of 2023
The allegations in that regard is vague. Even otherwise,
admittedly the incident has taken place when the injured
had gone to his land and it appears that there is a land
dispute between the parties. It is not the case of
prosecution that the injured was abused only on the
ground that he belongs to scheduled caste or scheduled
tribe. It is also submitted by the learned counsel for
appellants that in so far as accused No.4 is concerned the
provisions under the SC/ST Act has been dropped while
filing the charge-sheet.
10. In so far as the appeal preferred by accused
No.1 is concerned, the allegations are that he tried to
assault the injured with a rod and in the process the
injured sustained injuries to his left hand. The overt acts
of assaulting the injured on his head is attributed against
accused No.2. As per the wound certificate/discharge
summary the injured has sustained wound over the
forehead measuring 4/4 cm and swelling over the wrist.
The injuries are stated to be grievous in nature. The
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CRL.A No. 530 of 2023
injuries sustained on the forehead is attributed to the
assault made by accused No.2. Further, a perusal of the
FIR in Crime No.11/2023 of Koppa Police Station goes to
show that on the same day i.e., on 29.01.2023 even
accused No.3 lodged a complaint against the injured and
one Ramachandra for offences punishable under Sections
506, 341 and 354 of IPC in respect of an incident which
took place at about 3.30 p.m.
11. Accused No.1 was arrested on 30.01.2023. He
is in custody for more than three months. It is submitted
that investigation is completed and charge-sheet has been
filed. For the foregoing reasons, the appeals filed by
accused Nos.1, 3 and 4 can be allowed, by imposing
necessary conditions. Accordingly, the following:
ORDER
Criminal Appeal No.530/2023 is allowed.
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CRL.A No. 530 of 2023
Appellant/accused No.1 in Crime No.10/2023 of
Koppa Police Station shall be enlarged on bail subject to
following conditions:
i. He shall execute a bond in a sum of
Rs.1,00,000/- (Rupees One Lakh only)
with two sureties for the likesum to
the satisfaction of the Jurisdictional
Court.
ii. He shall furnish proof of his residential
address and shall inform the Court if
there is any change in the address.
iii. He shall not tamper with the
prosecution witnesses either directly or
indirectly.
iv. He shall cooperate with the
investigation of the case.
v. He shall not involve in any criminal
activities.
vi. He shall be regular in attending the
Court proceedings.
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CRL.A No. 530 of 2023
Criminal Appeal No.529/2023 is allowed.
Appellants/accused Nos.3 and 4 shall be released in
the event of their arrest in Crime No.10/2023 of Koppa
Police Station subject to following conditions:
i. They shall appear before the
Investigation Officer within a period of
one week from the date of receipt of a
copy of the order and shall execute a
bond in a sum of Rs.50,000/- (Rupees
Fifty Thousand only) each with one
surety for the likesum.
ii. They shall furnish proof of their
residential address and shall inform the
Court if there is any change in the
address.
iii. They shall not tamper with the
prosecution witnesses either directly or
indirectly.
iv. They shall cooperate with the further
investigation of the case, if any,
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CRL.A No. 530 of 2023
whenever they are called upon to do
so.
v. They shall be regular in attending the
Court proceedings.
Sd/-
JUDGE
HB
