Karnataka High Court
The State Of Karnataka vs Sri P H Narendra on 2 August, 2023
Bench: Shivashankar Amarannavar
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CRL.A No. 1610 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1610 OF 2021
BETWEEN:
THE STATE OF KARNATAKA
REP. BY SRIMANGALA POLICE
REP. BY THE STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001.
...APPELLANT
(BY SRI RENUKAR RADHYA R D, HCGP)
AND:
1. SRI P H NARENDRA
S/O HARISH
AGED 22 YEARS
BELLUR VILLAGE AND POST,
PONNAMPET TALUK
S KODAGU - 571 216.
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
2. SRI H K BIPIN
COURT OF S/O KRISHNA
KARNATAKA
AGED ABOUT 17 YEARS,
BELLUR VILLAGE & POST
PONNAMPET TALUK
S KODAGU - 571 216.
REPRESENTED BY KRISHNA
BELLUR VILLAGE & POST
PONNAMPET TALUK
S KODAGU - 571 216.
...RESPONDENTS
(R1 AND R2 ARE SERVED AND UNREPRESENTED)
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CRL.A No. 1610 of 2021
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA)
PRAYING TO A. ALLOW THIS APPEAL B. SET ASIDE THE ORDER
DATED 07.07.2021 PASSED IN CRL.MISC.No.5189/2021 ON THE
FILE OF THE LEARNED II ADDITIONAL DISTRICT AND SESSIONS
JUDGE KODAGU-MADIKERI SITTING AT VIRAJPET FOR THE
OFFENCE PUNISHABLE UNDER SECTIONS 143, 144, 147, 148,
323, 324, 341, R/W SECTION 149 OF IPC AND SECTIONS 3(1)(r),
3(1)(s), 3(2)(v-a) OF SC/ST ACT AND ETC.,
THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. The State has preferred this appeal, praying to
set-aside the order dated 07.07.2021 passed in
Crl.Misc.No.5189/2021 by the II Additional District and
Sessions Judge, Kodagu - Madikeri, sitting at Virajpet and
cancel the bail.
2. Heard learned High Court Government Pleader for the
appellant - State.
3. Respondent Nos.1 and 2 remained absent and
un-represented.
4. Respondent No.1 is accused No.1 in Crime No.23/2021
of Srimangala Police Station, registered for the offences
under Sections 143, 144, 147, 148, 323, 324, 341 r/w
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CRL.A No. 1610 of 2021
Section 149 of IPC and Sections 3(1)(r), 3(1)(s) and
3(2)(va) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for short hereinafter
referred to as "the Act").
5. Respondent No.1 - accused No.1 apprehending his
arrest, filed Crl.Misc.No.5189/2021 under Section 438 of
Cr.P.C., seeking anticipatory bail in Crime No.23/2021 of the
Srimangala Police Station. The said petition came to be
allowed by the impugned order dated 07.07.2021 and
respondent No.1 has been granted anticipatory bail with
conditions.
6. Aggrieved by the said order, the State is in appeal.
7. Learned High Court Government Pleader would contend
that the averments made in the complaint would clearly
attracts the offences under Section 3 of the Act. Therefore,
in view of the bar contained under Section 18 of the Act, the
petition under Section 438 of Cr.P.C., cannot be entertained.
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8. In view of the said contention, it is to be ascertained as
to, whether the averments of the complaint attracts the
offences under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the
Act. They read thus;
3. Punishments for offences of atrocities.-
(1) Whoever, not being a member of a Scheduled Caste
or a Scheduled Tribe,-
xxxx
xxxx
(r) intentionally insults or intimidates with
intent to humiliate a member of a Scheduled
Caste or a Scheduled Tribe in any place
within public view;
(s) abuses any member of a Scheduled Caste
or a Scheduled Tribe by caste name in any
place within public view;
3(2) Whoever, not being a member of a Schedule Caste
or Scheduled Tribe,-
xxxx
xxxx
(va) commits any offence specified in the
Schedule, against a person or property,
knowing that such person is a member of a
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CRL.A No. 1610 of 2021
Scheduled Caste or a Scheduled Tribe or such
property belongs to such member shall be
punishable with such punishment as specified
under the Indian Penal Code (45 of 1860) for
such offences and shall also be liable to fine;)
9. In the complaint, it is stated that when the complainant
along with his neighbours after finishing his work at about
4.30 pm., coming near Bellur Godown, at that time,
respondent No.1 - accuse No.1 - Sri.Narendra with regard
to the matter pertaining to a girl, stopped him, abused him
touching his caste and slapped him on his neck and the
persons who were along with the complainant came to
rescue him and at that time, the persons along with accused
No.1 ie., accused Nos.2 to 10 and others assaulted him with
hands and clubs and also assaulted the persons who came to
rescue him. The words of abuse used by respondent No.1 -
accused No.1 are "K£ÉÆà ºÉƯÉAiÀÄ ¸ÀƼÉêÀÄUÀ£É EµÀÄÖ CºÀAPÁgÀ §AzÀÄ
¸ÁAiÀÄÄwÛÃAiÀiÁ".
10. The said incident has taken place in the public place,
in the presence of the persons who were with the
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complainant. The said abused words used by respondent
No.1 - accused No.1 clearly attracts the offences under
Sections 3(1)(r) and 3(1)(s) of the Act. The offences alleged
against accused No.1 and others ie., Sections 143, 147, 148,
323, 324 and 341 of IPC are in the Schedule of the Act. The
averments in the complaint reveal that respondent No.1 and
other accused assaulted the complainant and the persons
who were along with him, with hands and club and caused
pain. Therefore, it is alleged against respondent No.1 that
he has committed the offences contained in the Schedule of
the Act, against the complainant who is belonging to the
Scheduled Caste. Therefore, Section 3(2)(va) of the Act is
also attracted. Therefore, the averments of the complaint
makes out a prima facie case for the offences under Sections
3(1)(r), 3(1)(s) and 3(2)(va) of the Act.
11. The Hon'ble Apex Court in the case of Prathvi Raj
Chauhan Vs. Union of India and Others reported in
(2020) 4 SCC 727 has held that if there is no prima facie
case made out for the offences under Section 3 of the Act,
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then the bar contained under Sections 18 and 18A(2) of the
Act does not attract.
12. In the present case, there is a prima facie case made
out for the offences under Sections 3(1)(r), 3(1)(s) and
3(2)(va) of the Act. Therefore, the Special Court
mis-read the said decision of the Hon'ble Apex Court. The
Special Court ought not have been considered the petition
filed by the petitioner under Section 438 of Cr.P.C, in view of
the bar contained under Sections 18 and 18A(2) of the Act.
Therefore, the impugned order passed by the Special Court
requires to be set-aside. In the result, the following;
ORDER
(i) The appeal is allowed.
(ii) The impugned order dated 07.07.2021 passed
in Crl.Misc.No.5189/2021 by the II Additional
District and Sessions Judge, Kodagu - Madikeri
sitting at Virajpet is set-aside.
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(iii) The petition filed by respondent No.1 under
Section 438 of Cr.P.C., stands dismissed.
(iv) If, respondent No.1 has already appeared in
the Special case registered against him, in view of
the impugned order, he has to surrender himself
and he is at liberty to make bail application and the
same has to be considered by the Special Court,
expeditiously.
Sd/-
JUDGE
GH
