Karnataka High Court
Shashank vs State Of Karnataka on 16 August, 2023
Bench: Shivashankar Amarannavar
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CRL.A No. 1172 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 1172 OF 2023
BETWEEN:
SHASHANK
S/O MUNIRAJU
AGED 26 YEARS
R/AT VEMAGAL VILLAGE
KOLAR TALUK AND DISTRICT - 563 102.
...APPELLANT
(BY SRI MANJUNATH B R, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY VEMAGAL POLICE
REPRESENTED BY
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
Digitally signed by BANGALORE - 560 001.
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH 2. MANJUNATHA K
COURT OF
KARNATAKA S/O KUMAR
AGED ABOUT 19 YEARS
R/AT TALAGUNDA VILLAGE
VEMAGAL VILLAGE
KOLAR TALUK AND DISTIRCT - 563 102.
...RESPONDENTS
(BY SRI RAHUL RAI K, HCGP AND
SRI RANGASWAMY R, HCGP FOR R1
R2 SERVED AND UNREPRESENTED)
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CRL.A No. 1172 of 2023
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 05.06.2023
PASSED IN CRL.MISC.No.408/2023 OF VEMAGAL POLICE
STATION PENDING ON THE FILE OF II ADDITIONAL DISTRICT
AND SESSIONS JUDGE, KOLAR AND ENLARGE THE APPELLANT
ON ANTICIPATORY BAIL IN CR.No.128/2023 OF VEMAGAL
POLICE STATION REGISTERED FOR THE OFFENCE PUNISHABLE
UNDER SECTIONS 143, 147, 363, 323, 324, 504, 506 R/W 149
OF IPC AND SECTION 3(1)(r), 3(1)(s) OF SC/ST (POA) ACT
PENDING ON THE FILE OF II ADDITIONAL DISTRICT AND
SESSIONS JUDGE, KOLAR AND DIRECT THE INVESTIGATING
OFFICER OR ANY OTHER OFFICER, WHO IS INVESTIGATING IN
THIS MATTER TO RELEASE HIM ON BAIL IN THE EVENT OF HIS
ARREST IN THE ABOVE CASE AND ETC.,
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal is filed by the appellant - accused No.2,
praying to set-aside the order dated 05.06.2023 passed in
Crl.Misc.No.408/2023 by the II Additional District and
Sessions Judge, Kolar whereunder, the anticipatory bail
petition of this appellant - accused No.2 sought in respect
of Crime No.128/2023 of Vemagal Police Station registered
for the offences punishable under Sections 143, 147, 363,
323, 324, 504 and 506 of the Indian Penal Code, 1860
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CRL.A No. 1172 of 2023
(for short hereinafter referred to as "IPC"), Sections
3(1)(r) and 3(1)(s) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for
short hereinafter referred to as "the Act"), came to be
rejected.
2. Heard learned counsel for the appellant - accused
No.2 and learned High Court Government Pleader for
respondent No.1 - State.
3. Inspite of service of notice, respondent No.2
remained absent and un-represented.
4. It is the case of the prosecution that, as the
complainant pacified the quarrel which took place between
two groups on 19.05.2023, on 20.05.2023 at about 11.30
am., when the complainant was going on his two wheeler,
at that time, a car came from Vemagal side and stopped in
front of the two wheeler and accused Nos.1 to 3 and
another came and accused Nos.1 and 2 assaulted him on
his face with fist and he sustained bleeding injuries on his
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CRL.A No. 1172 of 2023
left eye-brow and they snatched two wheeler key and
made him to sit in the car and took him in the car towards
Ammanallur and when he was in the car in between
accused Nos.2 and 3, accused No.3 was assaulting him
with hands. At that time, accused No.1 made a phone call
and called four boys and accused No.1 asked him that he
has become so big to pacify the quarrel and assaulted him
with the club on the head and he sustained bleeding
injuries. They removed his clothes. Accused No.3
assaulted him with stick and bar in his hand, accused No.2
assaulted him with hand on his body and at that time, four
boys who came there were holding hockey stick, four long
choppers, one knife and at that time, accused No.3 and
one among four boys assaulted with the long choppers
from its back side on his knees, left and right hands and
back. Accused Nos.1 and 3 and another boy assaulted him
with hockey sticks and caused injuries on his nose and
thereafter, put him his knicker and they also recorded the
incident and they all abused him touching his caste and
they threatened him to finish him, if he files a complaint
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and thereafter, one of them gave him Rs.100/- and he
boarded the bus and secured his brother and went on his
two wheeler to the hospital and after the treatment, filed a
complaint.
5. The appellant who has been arrayed as accused No.2
in the charge sheet, filed a petition seeking anticipatory
bail and the same came to be rejected by the impugned
order which is challenged in this appeal.
6. Learned counsel for the appellant - accused No.2
would contend that, on perusal of the averments of the
complaint, the alleged abuse touching the caste of the
complainant is not in public view and it is omnibus
allegation. The other allegation against the appellant -
accused No.2 is that he assaulted with hands. The offences
alleged against the appellant - accused No.2 are not
punishable with death or imprisonment for life. There is
no prima facie case for the offences punishable under
Sections 3(1)(r) and 3(1)(s) of the Act and therefore, the
bar under Section 18 of the Act is not attracted. Without
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considering 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 and
grant anticipatory bail to the appellant - accused No.2.
7. Per contra, learned High Court Government Pleader
would contend that the averments of the complaint was to
show that there is a specific overt-act against this
appellant - accused No.2 of assaulting the complainant
with fist on his face, causing injuries on his left eye-brow
and all the accused abused him touching his caste. The
wound certificate reveal that the complainant sustained
four injuries and they are all simple in nature. As there is a
prima facie case for the offence under Section 3 of the Act
and as there is a bar under Section 18 of the Act, the
petition under Section 438 of Cr.P.C is not maintainable
and the Special Court has rightly rejected the anticipatory
bail petition of the appellant. With this, he prayed to
dismiss the appeal.
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8. Having heard learned counsel for the appellant -
accused No.2 and learned High Court Government Pleader,
the Court has perused the averments of the complaint and
the wound certificate furnished by learned High Court
Government Pleader.
9. As per the averments of the complaint, it is alleged
that accused Nos.1 to 3 and another kidnapped the
complainant in a car and accused Nos.1 and 2 assaulted
him with fist on his face and accused No.3 assaulted the
complainant with hand in the car and four persons came at
the instance of accused No.1, among them one assaulted
him with back side of the long and caused injuries on his
knees and hands and all of them abused him taking his
caste name and threatened him not to file a complaint.
The allegation of abuse taking the caste name is omnibus
allegation. It has not stated as to which of the accused
abused him taking his caste and with what words. It
cannot be said at this stage that all the accused persons
abused him taking his caste name with the same words
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and more so, the said abuse is not in the view of public, as
there is no averment in the complaint that the alleged
abuse has been witnessed by any other person. As there
is no prima facie case at this stage for the offences under
Sections 3(1)(r) and 3(1)(s) of the Act, the bar contained
under Section 18 of the Act is not attracted and the
petition under Section 438 of Cr.P.C can be entertained.
The other offences alleged against the appellant - accused
No.2 are not punishable with death or imprisonment for
life. The injuries sustained by the complainant are stated
to be simple injuries. Without considering these aspects,
the learned Special Judge has passed the impugned order
which requires interference by this Court. In the result,
the following;
ORDER
The appeal is allowed. The impugned order dated
05.06.2023 passed in Crl.Misc.No.408/2023 by the
II Additional District and Sessions Judge, Kolar is
set-aside. The appellant - accused No.2 is granted
anticipatory bail in Crime No.128/2023 of Vemagal Police
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Station and he 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/-
(One lakh only) with one surety for the
likesum to the satisfaction of the Investigating
Officer.
(ii) The appellant - accused No.2 shall
voluntarily appear before the Investigating
Officer and execute a bail bond and furnish the
surety, within two weeks.
(iii) The appellant - accused No.2 shall not
directly or indirectly make any inducement,
threat or promise to any person acquainted
with the facts of the accusation against him,
so as to dissuade him from disclosing such
facts to the Court or to any Police Officer.
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(iv) The appellant - accused No.2 shall not
involve in commission of any similar offences.
Sd/-
JUDGE
GH
