Karnataka High Court
Jangleppa vs The State Of Karnataka And Anr on 11 August, 2023
Bench: Venkatesh Naik Vntj
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CRL.A No. 200200 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO.200200 OF 2023
BETWEEN:
JANGLEPPA
S/O. BOLABANDI
AGED MAJOR
OCCUPATION: FISHERY CONTRACTOR
RESIDENT OF DONGARAMPUR
RAICHUR-584 135.
...APPELLANT
(BY SRI SANJAY A. PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH SHAKTI POLICE STATION
RAICHUR RURAL CIRCLE, RAICHUR - 584 135
REPRESENTED BY ADDITIONAL STATE PUBLIC
Digitally signed
by SHILPA R PROSECUTOR
TENIHALLI HIGH COURT OF KARNATAKA
Location: HIGH KALABURAGI BENCH - 585 107.
COURT OF
KARNATAKA 2. BHEEMESH
S/O. SUGAPPA
AGED 39 YEARS
OCCUPATION: FISHERMAN
RESIDENT OF LABOUR COLONY, DEVASUGUR
RAICHUR - 584 170.
...RESPONDENTS
(BY SRI SHARANABASAPPA M. PATIL, H.C.G.P., FOR R-1, &
R-2 IS PRESENT)
***
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CRL.A No. 200200 of 2023
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A) OF
SC/ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER DATED
12.07.2023 IN CRIMINAL MISCELLANEOUS NO.469/2023 PASSED BY
SPECIAL COURT FOR CASES UNDER THE SC AND ST (POA) ACT AND
I ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAICHUR, AND
FURTHER DIRECT THE RESPONDENT-SHAKTI NAGAR POLICE TO
ENLARGE THE APPELLANT ON BAIL IN THE EVENT OF HIS ARREST IN
CONNECTION WITH CRIME NO.24/2023 REGISTERED FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 323 AND 307
READ WITH 149 OF IPC AND SECTIONS 3(1)(r), 3(1)(s) AND
3(2)(v-a) OF SC/ST (POA) ACT, 2015.
THIS CRIMINAL APPEAL IS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
The appellant/accused No.1 has filed this appeal
under Section 14A of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the
Act') praying to set aside the order dated 12-7-2023 in
Criminal Miscellaneous No.469 of 2023 passed by the
Special Court for cases under the SC and ST (POA) Act and
I Additional District and Sessions Judge, Raichur, and
further to direct the respondent-Shakti Nagar Police to
enlarge the appellant on bail in the event of his arrest in
Crime No.24 of 2023 registered for the offences
punishable under Sections 143, 147, 323 and 307 read
with Section 149 of the Indian Penal Code, 1860 (for
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CRL.A No. 200200 of 2023
short, 'IPC') and Sections 3(1)(r), 3(1)(s) and 3(2)(v-a) of
the Act.
2. Heard the arguments of the learned counsel for
the appellant and the learned High Court Government
Pleader for respondent No.1-State. Notice issued to
respondent No.2 is duly served upon him and he is present
before the Court.
3. The brief facts of the prosecution case are that,
on 11-4-2023 at about 1:00 P.M., the accused persons
were fishing in Krishna river of Devasuguru Village, at that
time, the son of the complainant, by name, Shivaraj, aged
about thirteen years, came to the spot, objected the
accused persons for fishing. For that, the accused persons
abused Shivaraj by taking his caste name, assaulted him
with their hands and pushed him into Krishna river and
when he was drowning, he was lifted. Therefore, the
complainant lodged a complaint before the respondent-
Police. Apprehending the arrest at the hands of the
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CRL.A No. 200200 of 2023
respondent-Police, accused Nos.1 to 5 filed an application
for bail before the I Additional District and Sessions Judge,
Raichur, in Criminal Miscellaneous No.469 of 2023, which
was rejected on 12-7-2023. Aggrieved by the said order,
the appellant has filed the present petition.
4. Learned counsel for the appellant has contended
that the appellant is innocent and he has not committed
any offences as alleged by the complainant; he is a law
abiding citizen having no criminal antecedents; there is
delay in lodging the complaint and no medical report is
furnished by the Medical Officer so as to attract Section
307 of the IPC; the complaint is filed as a counter blast to
Original Suit No.339 of 2022, filed by accused No.1
against mother of victim, wherein temporary injunction
was granted against her and one Bandeppa, by order
dated 20-1-2023 and hence, there is animosity between
the parties. He is ready to abide by any of the conditions
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CRL.A No. 200200 of 2023
to be imposed by this Court. Hence, he prayed for
allowing the appeal.
5. Learned High Court Government Pleader for
respondent No.1-State has contended that there is prima-
facie material against the appellant. He is involved in
offence punishable under Section 307 of the IPC and the
appellant and other accused persons have intentionally
insulted the victim by taking up his caste name and hence,
Section 438 of the Code of Criminal Procedure, 1973, is
not maintainable so far as arising out of SC/ST (POA) Act.
Hence, he prayed for dismissal of the appeal.
6. On careful perusal of the material available on
record, it appears that on 11-4-2023 at about 1:00 P.M.,
when the accused persons were fishing in Krishna river,
the son of the complainant objected the accused persons.
Therefore, the appellant and other accused persons
abused the son of the complainant by taking up his caste
name and pushed him into Krishna river and when he was
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CRL.A No. 200200 of 2023
drowning, he was lifted. Therefore, the complainant made
allegation in respect of the accused persons to attract
Section 307 of the IPC.
7. Section 307 of the IPC provides that 'Whoever
does any act with such intention or knowledge, and under
such circumstances that, if he by that act caused death,
he would be guilty of murder, shall be punished with
imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine; and if
hurt is caused to any person by such act, the offender
shall be liable either to imprisonment for life, or to such
punishment as is hereinbefore mentioned'.
8. In the instant case, as per the case of the
prosecution, the appellant and others pushed the victim
into Krishna river and was lifted, when he was drowning.
Therefore, he was admitted to the Hospital for three days.
Admittedly, the prosecution has not placed any material to
show that he was admitted to the Hospital on account of
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CRL.A No. 200200 of 2023
drowning in the river and he had consumed water. At this
juncture, ingredients of Section 307 of the IPC are not
made out.
9. As per the contents of the complaint, it appears
that, son of the complainant objected the appellant and
other while fishing in Krishna river. On the contrary, the
learned counsel for the appellant has placed material, i.e.
certified copy of the order-sheet in Original Suit No.339 of
2022, wherein temporary injunction was granted against
the mother of the victim/wife of the complainant
restraining them from undertaking fisheries work
unauthorisedly, so that, from this it is clear that there is
civil dispute between the complainant and the appellant in
respect of fishery business and further, the concerned
Board of Fisheries has authorised the appellant to do
fishing in Krishna river. Admittedly, the incident has
taken place on 11-4-2023 and the complaint was lodged
on 24-5-2023, that too, after lapse of one and half-a-
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month and the delay has not been properly explained by
the complainant.
10. The Hon'ble Supreme Court in the case of
PRATHVI RAJ CHAUHAN v. UNION OF INDIA reported
in (2020) 4 SCC 727 held that, if there is no prima-facie
material to attract the ingredients of SC/ST Act, pre-arrest
can be granted. In the instant case, at this juncture, no
prima-facie material is made out and there is civil litigation
between the appellant and the complainant in respect of
fishing business and therefore, ingredients of Section 307
of the IPC are not made out. Hence, the appellant is
entitled for bail. Further, looking into any angle, the trial
Court has not properly appreciated the material available
on record and hence, it requires interference. Hence, I
pass the following
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CRL.A No. 200200 of 2023
ORDER
Criminal appeal is allowed. The respondent-Police
Station are directed to release the appellant on bail in the
event of his arrest in Crime No.24 of 2023 registered for
the offences punishable under Sections 143, 147, 323 and
307 read with Section 149 of the Indian Penal Code, 1860
and Sections 3(1)(r), 3(1)(s) and 3(2)(v-a) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, subject to the following conditions:
i. Appellant shall execute a personal bond in a
sum of Rs.1,00,000/- (Rupees one lakh only)
with a surety for the likesum to the
satisfaction of Investigating Officer/Station
House Officer;
ii. Appellant shall surrender himself before the
Investigating Officer/Station House Officer
within ten days from the date of receipt of a
certified copy of this order;
iii. Appellant shall not tamper with the
prosecution witnesses directly or indirectly;
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iv. Appellant shall appear before the trial Court
on all dates of hearing, and
v. Appellant shall mark his attendance before
the Investigating Officer/Station House
Officer on first Sunday of every month
between 10:00 a.m. and 5:00 p.m. for a
period of six months or till filing of the
charge-sheet, whichever is earlier.
Sd/-
JUDGE
KVK
