Karnataka High Court
Deepu vs State Of Karnataka on 7 August, 2023
Bench: Shivashankar Amarannavar
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NC: 2023:KHC:27660
CRL.A No. 1190 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1190 OF 2023
BETWEEN:
DEEPU
S/O MUDDEGOWDA,
AGED ABOUT 29 YEARS,
R/AT NO.572, MIG HOUSE,
2ND CROSS, KHB COLONY,
PAVGANAHALLI GRAMA PANCHAYAT,
GUNDLUPETE,
CHAMARAJNAGAR - 571 111.
...APPELLANT
(BY SRI. ANIL SHEKAR K S., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY GUNDLUPETE POLICE STATION,
GUNDLUPETE,
Digitally signed by CHAMARAJNAGAR-571 111.
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
COURT OF 2. BANGARANAYAKA
KARNATAKA
S/O LATE SRINIVASA NAYAKA,
AGED ABOUT 43 YEARS,
R/AT NO.19,
11TH WARD,
OPP. GOVT. HIGHER PRIMARY SCHOOL,
GUNDLUPETE,
CHAMARAJANAGAR-571 111.
...RESPONDENTS
(BY SRI.JAGADEESHA B.N., ADDL. SPP FOR R1
R2 SERVED & UNREPRESENTED)
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CRL.A No. 1190 of 2023
THIS CRIMINAL APPEAL IS FILED U/S.14(A)(2) OF SC/ST
(POA) ACT, 2015, PRAYING TO ALLOW THE PETITION AND
ENLARGE THE PETITIONER ON BAIL IN THE EVENT OF ARREST
OF PETITIONER IN CR.NO.81/2023 FOR AN OFFENCE
P/U/S.3(1)(r)(s) OF SC/ST (POA) ACT AND
SEC.341,323,307,504,506 R/W SEC.34 OF IPC BY THE
RESPONDENT-GUNDELPETE POLICE STATION BY SETTING
ASIDE THE ORDER DATED 21.06.2023 PASSED IN
CRL.MISC.NO.1075/2023 ON THE FILE OF THE VI ADDITIONAL
PRINCIPAL DISTRICT AND SPECIAL JUDGE, MYSURU.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by accused No.2 praying to set aside
the order dated 21.06.2023 passed by VI Addl. District &
Special Judge, Mysuru in Crl.Misc. No. 1075/2023 whereunder
the petition filed by the appellant/accused No.2 under Sec. 438
of Cr.P.C. in respect of Cr. No. 81/2023 of Gundlupet Police
Station registered for the offences punishable under Sections
341, 323, 307, 504, 506 r/w Sec. 34 of IPC and Sec. 3(1)(r)(s)
of SC and ST (POA) Act, came to be rejected.
2. Heard the learned counsel for the appellant and
learned Addl. SPP for Respondent No.1-State. Inspite of service
of notice to respondent No.2, he remained absent and
unrepresented.
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CRL.A No. 1190 of 2023
3. The case of the prosecution is that on 27.03.2023
at about 11.45 a.m. in Gundlupet Court premises the petitioner
came behind and questioned the complainant as to why he spit
on his brother's face and thereafter, assaulted and abused and
at that time accused No.1 came there, he abused the
complainant by taking the caste name and both accused No.1
and 2 assaulted the complainant on his forehead, chest, limb
and body and made him to lie on the ground and accused No.1
put his knees on his stomach and assaulted with wrists on his
face, nose, near eye and caused injury. Thereafter, both
accused No.1 and 2 pressed the neck of the complainant and
made an attempt to commit his murder. At that time, the
advocates gathered there stopped the quarrel and accused
No.1 and 2 gave him threat and went away from that place.
The petitioner who has been arrayed as accused No.2 is
apprehending his arrest, filed the petition under Sec. 438 of
Cr.P.C., which came to be rejected by the Special Court by the
impugned order. The same is challenged in this appeal.
4. The learned counsel for the appellant would contend
that there is no allegation of abuse by petitioner-accused No.2
taking the caste name of the complainant and therefore, the
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CRL.A No. 1190 of 2023
offences under Section 3 of SC & ST Act are not attracted.
Hence, petition under Section 438 of Cr.P.C. is maintainable.
5. He further submits that all the eye witnesses are
advocates practicing at Gundlupet Courts and there is no
chance of this appellant/accused No.2 threatening them. As,
the charge sheet is filed, the appellant is not required for
custodial interrogation. There are no injuries on the neck of the
complainant. Without considering all these aspects, the learned
Special Judge has passed the impugned order which requires
interference by this Court.
6. Per contra, the learned Additional SPP submits that
CWs.2 to 5 are the eye witnesses to the incident who have
specifically stated acts of this petitioner assaulting the
complainant and pressing his neck. The alleged incident has
taken place in the Court compound which has been witnessed
by the advocates and others. The offences alleged against the
appellant-accused No.2 is punishable with imprisonment for
life. Considering all these aspects the Special Court has rightly
rejected the anticipatory bail petition, which does not call for
any interference by this Court.
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CRL.A No. 1190 of 2023
7. On perusal of the complaint, it reveals that this
appellant/accused No.2 has not abused the complainant taking
his caste. Therefore, the offences under Section 3 of the SC
and ST Act are not attracted and therefore, petition under Sec.
438 of Cr.P.C. is maintainable.
8. One of the offence alleged against the appellant
accused No.2 is Section 307 of IPC. It is alleged that this
appellant and accused No.1 both pressed the neck of the
complainant. The injury certificate does not reveal any injuries
over the neck, whether this appellant and accused No.1 has
made attempt to commit the murder of the complainant is a
matter of the trial. The other allegations against appellant
accused No.2 is that he assaulted the complainant with the
hands. As the charge sheet is filed the appellant is not required
for custodial interrogation. The appellant is a practicing
Advocate at Gundlupet and he can be secured easily for trial.
Without considering this aspect, the special Court has passed
the impugned order which requires interference by this Court.
9. In the result, the following:
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CRL.A No. 1190 of 2023
ORDER
The Criminal Appeal is allowed. The impugned order
dated 21.06.2023 passed by VI Addl. District & Special Judge,
Mysuru in Crl.Misc. No. 1075/2023 is set aside and the appeal
is allowed. The appellant /accused No.2 is ordered to be
released on bail in the event of his arrest subject to the
following conditions:
i. The appellant-accused No. 2 shall execute a personal
bond for a sum of Rs. 1,00,000/- (Rupees One Lakh
only), with one surety for likesum to the satisfaction of
the Court in which the special case is pending.
ii. The appellant accused No.2 shall voluntarily appear before
the special court within 15 days and execute a bail bond
and furnish the surety.
iii. The appellant accused No.2 shall not indulge in tampering
the prosecution witnesses.
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CRL.A No. 1190 of 2023
iv. The appellant/accused No.2 shall appear before the special
Court on all dates of hearing unless exempted and co-
operate in speedy disposal of this case.
Sd/-
JUDGE
PSJ
