Karnataka High Court
Likith @ Nikhil vs The State Of Karnataka on 3 August, 2023
Bench: Shivashankar Amarannavar
-1-
NC: 2023:KHC:27108
CRL.A No. 554 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 554 OF 2023
BETWEEN:
LIKITH @ NIKHIL
S/O NANJUNDAPPA
AGED ABUT 21 YEARS
R/ NO. 279, 4TH MAIN
12TH CRSS KAVERIPURAM
KAMAKSHIPALYA
BENGALURU - 560 079.
...APPELLANT
(BY SRI GANAPATHI S SHASTRI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
KAMAKSHIPALYA POLICE STATION
BENGALURU
BY SPP, HIGH COURT BUILDING
Digitally signed by BENGALURU - 560 001.
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
COURT OF 2. BASAVARAJU D
KARNATAKA S/O DASAPPA,
AGED ABOUT 44 YEARS
R/O No.279, 4TH MAIN
12TH CROSS KAVERIPURAM
KAMAKSHIPALYA
BENGALURU - 560 079.
...RESPONDENTS
(BY SRI RENUKARADHYA R D, HCGP FOR R1
R2-SERVED AND UREPRESENTED)
-2-
NC: 2023:KHC:27108
CRL.A No. 554 of 2023
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
WITH A PRAYER TO DIRECT THE KAMAKSHIPALYA POLICE OR
ANY OTHER CONCERNED POLICE TO ENLARGE THE APPELLANT
ON BAIL IN CR.No.287/2022 OF KAMAKSHIPALYA POLICE
STATION FOR THE OFFENCE PUNISHABLE UNDER SECTIONS
307, 323, 324, 504, 506, 34 OF IPC AND SECTION 3(2)(va) OF
SC/ST (POA) ACT, ON THE FILE OF THE CITY CIVILY AND
SESSIONS JUDGE AND SPECIAL JUDGE, BENGALURU (CCH-71)
IN SPECIAL No.2780/2022, IN THE EVENT OF THE ARREST.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by appellant - accused No. 4
praying to set aside the order dated 16.01.2023 passed in
Crl.Misc. No. 12781/2022 by the LXX Additional City Civil
and Sessions Judge and Special Judge, Bengaluru,
whereunder the anticipatory bail petition filed by this
appellant - accused No. 4 in Spl.C. No. 2780/2022
registered for the offence punishable under Sections 307,
323, 324, 504, 506 read with Section 34 of IPC and
Section 3(2)(v) of the SC ST (Prevention of Atrocities) Act,
1989 (for short hereinafter referred to as `the Act') came
to be rejected.
2. Heard arguments of learned counsel for appellant
- accused No. 4 and learned HCGP appearing for
NC: 2023:KHC:27108
CRL.A No. 554 of 2023
respondent No.1 - State. Respondent No. 2 on service of
notice remained absent and unrepresented.
3. Gist of the prosecution case is that on 23.07.2022
the appellant - accused No. 4 along with other accused,
with a common intention, have picked up quarrel with
complainant in connection with parking of vehicle and
abused the complainant with reference to his caste and
also made an attempt to commit murder by assaulting him
with a dragger and caused injuries to the victim. Charge
sheet came to be filed for offence under Sections 307,
323, 324, 504, 506 read with Section 34 of IPC and
Section 3(2)(va) of the Act. The appellant who is
arraigned as accused No. 4 apprehending his arrest filed
Crl.Misc. No. 12781/2022 under Section 438 Cr.P.C. and
the same came to be dismissed by the impugned order
which has been challenged in this appeal.
4. Learned counsel for appellant - accused No. 4
would contend that no overt act is alleged against this
appellant - accused No. 4 of assaulting the complainant. It
NC: 2023:KHC:27108
CRL.A No. 554 of 2023
is his further submission that accused Nos.1 to 3 have
already been granted bail by the trial Court. The allegation
of assault is against accused Nos.1 to 3. The only
allegation against this appellant - accused No. 4 is that he
abused the complainant by taking the name of his caste
and gave threat. As charge sheet is filed, the appellant -
accused No. 4 is not required for custodial interrogation.
Without considering all these aspects the learned Special
Judge has passed the impugned order which requires
interference by this Court. With this he prayed to allow the
appeal.
5. Per contra, learned HCGP appearing for
respondent No. 1 - State would contend that there is a
specific allegation against this appellant - accused No. 4
and accused No. 3 of abusing in filthy words by taking the
name of his caste. Considering this aspect the learned
Special Judge has passed the impugned order by invoking
the bar contained under Sections 18 and 18(A)(2) of the
Act. There are no grounds made out to set aside the
NC: 2023:KHC:27108
CRL.A No. 554 of 2023
impugned order and grant anticipatory bail to this
appellant - accused No. 4. With this he prayed to dismiss
the appeal.
6. Even though there is an averment in the complaint
that this appellant - accused No. 4 and accused No. 3
have abused the complainant in filthy words taking the
name of caste the Investigating Officer has not invoked
the provisions of Sections 3(1)(r) and 3(1)(s) of the Act in
the charge sheet. Said averment in the complaint is
omnibus allegation against appellant - accused No. 4 and
accused No. 3. At this stage it cannot be said that accused
Nos. 3 and 4, at the same time used the same words
against the complainant. The compliant averments does
not disclose what are the words used by each of accused
Nos. 3 and 4 by taking the name of caste of the
complainant. Therefore, at this stage it cannot be said that
the provisions of Section 3(1)(r) and 3(1)(s) of the Act are
attracted. There are no allegations against this appellant -
accused No. 4 of assault on the complainant. Without
NC: 2023:KHC:27108
CRL.A No. 554 of 2023
considering all these aspects learned Special Judge has
passed by the impugned order which requires interference
by this Court. As there is no prima facie case made out for
offence under Sections 3(1)(r) and 3(1)(s) of the Act bar
contained under Sections 18 and 18(A)(2) of the Act is
not attracted. Therefore petition filed under Section 438
Cr.P.C. can be entertained.
In the result, the following;
ORDER
Appeal is allowed. The impugned order 16.01.2023
passed in Crl.Misc. No. 12781/2022 by the LXX Additional
City Civil and Sessions Judge and Special Judge,
Bengaluru, is set aside. Petition filed under Section 438
Cr.P.C. stands allowed. The appellant - accused No. 4 is
ordered to be released on bail in the event of his arrest in
connection with crime No. 287/2022 of Kamakshipalya
Police Station (Spl.C. No. 2780/2022) subject to following
conditions:
I. Appellant - accused No. 4 shall execute a
personal bond for a sum of Rs.1,00,000/-
NC: 2023:KHC:27108
CRL.A No. 554 of 2023
(Rupees One Lakh only) with one surety for the
like sum to the satisfaction of the jurisdictional
Court.
II. Appellant - accused No. 4 shall voluntarily
appear before the jurisdictional Court within
two weeks from today and execute the bail
bond and furnish surety.
III. Appellant - accused No. 4 shall not tamper with
the prosecution witnesses directly or indirectly.
IV. Appellant - accused No. 4 shall appear before
the jurisdictional Court on all dates of hearing,
unless exempted, and cooperate in speedy
disposal of the case.
Sd/-
JUDGE
LRS
