Karnataka High Court
Mohammed Sameeuddin And Anr vs Chittanand And Anr on 23 August, 2023
Bench: Venkatesh Naik Vntj
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NC: 2023:KHC-K:6697
CRL.A No. 200201 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO.200201 OF 2023
BETWEEN:
1. MOHAMMED SAMEEUDDIN
S/O. MOHAMMED MAINODDIN
AGED ABOUT 35 YEARS
OCCUPATION: AGRICULTURE
RESIDENT OF MULTANI COLONY
BIDAR-585 401.
2. SHEK ZAKEER
S/O. S K RASOOL
AGED ABOUT 35 YEARS
OCCUPATION: CONTRACTOR
RESIDENT OF CHITTA VILLAGE
BIDAR-585 413.
...APPELLANTS
(BY SRI JAIRAJ K. BUKKA, ADVOCATE)
Digitally signed AND:
by SHILPA R
TENIHALLI 1. CHITTANAND
Location: HIGH S/O. KRISHNA GONDA TAMMANOR
COURT OF AGED ABOUT 29 YEARS
KARNATAKA
OCCUPATION: HOTEL EMPLOYEE
CHITTA VILLAGE, BIDAR-585 401.
2. THE STATE OF KARNATAKA
BY ITS GANDHI GUNJ POLICE STATION
REPRESENTED BY
ADDITIONAL PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
AT KALABURAGI-585104.
...RESPONDENTS
(BY SRI S.V. DESHMUKH, ADVOCATE, FOR R-1, &
SRI J. SHAHABUDDIN, H.C.G.P., FOR R-2)
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CRL.A No. 200201 of 2023
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14A (2) OF
SC/ST (POA) ACT READ WITH 438 OF THE CR.P.C., PRAYING TO
ALLOW THIS APPEAL AND THEREBY, QUASH/SET ASIDE THE
IMPUGNED ORDER PASSED BY THE ADDITIONAL DISTRICT AND
SESSION JUDGE AT BIDAR IN CRIMINAL MISCELLANEOUS
NO.209/2023 DATED 24.05.2023 AND THEREBY, RELEASE THE
APPELLANTS/ACCUSED NOS.1 AND 2 ON BAIL IN EVENT OF THEIR
ARREST IN CRIME NO.188/2022 NOW SPL.C. NO.390/2023 FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 504 AND 506
READ WITH SECTION 34 OF THE IPC AND SECTION 3(1)(r), 3(1)(s)
3(2)(v-a) OF THE ACT REGISTERED BY GANDHI GUNJ POLICE
STATION, BIDAR, PENDING OF THE FILE OF ADDITIONAL DISTRICT
AND SESSIONS COURT, BIDAR.
THIS CRIMINAL APPEAL IS COMING ON FOR, ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
The appellants have filed this appeal under Section
14A(2) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (for short 'the Act')
praying to set aside the order dated 24.5.2023 passed by
the Additional District and Sessions Judge, Bidar, in
Criminal Miscellaneous No.209 of 2023 and further to
direct the respondent-Police to enlarge the appellants on
bail in the event of their arrest in Crime No.188 of 2022
for the offences punishable under Sections 323, 324, 504
and 506 read with Section 34 of the Indian Penal Code,
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CRL.A No. 200201 of 2023
1860, and under Section 3(1)(r), 3(1)(s) and 3(2)(v-a) of
the Act.
2. Heard the arguments of the learned counsel for
the appellants, the learned High Court Government
Pleader for respondent No.1-State and the learned counsel
for respondent No.2- complainant.
3. The brief facts of the prosecution case are as
under:
On 11.12.2022 at about 1.30 p.m., when the
complainant and his brothers had been to their field, at
that time, accused Nos.1 and 2 along with seven to eight
persons were cutting paddy and when the same was
opposed by the complainant, accused No.1 abused the
complainant by taking his caste name, attacked him with a
knife and accused No.2 also attacked the complainant and
his brothers and caused injuries to them. Hence, the
complainant lodged the complaint.
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CRL.A No. 200201 of 2023
4. Apprehending arrest at the hands of the
respondent-Police, accused Nos.1 and 2 filed application
for grant of anticipatory bail before the trial Court in
Criminal Miscellaneous No.209 of 2023 and the same was
rejected on 24.05.2023. Aggrieved by the said order, the
appellants have filed this present appeal.
5. Learned counsel for the appellants has contended
that the appellants are innocent and they have not
committed any offence as alleged by the complainant.
Since there is land dispute between the complainant and
the accused, a false case has been registered against
them. They are law abiding citizens and they have no
criminal antecedents. There are no prima-facie material
against them. The complainant has not furnished his
Caste Certificate and hence, the provisions of the Act does
not attract. Hence, he prayed for allowing the appeal.
6. Learned High Court Government Pleader has
contended that there is a Bar under Section 18 of the Act
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and hence, the anticipatory bail cannot be granted. Hence,
he prayed for dismissing the appeal.
7. Learned counsel for respondent No.2-complainant
has also taken up similar contentions as that of the
learned High Court Government Pleader.
8. On careful perusal of the material available on
record, it appears that on 11.12.2022 at about 1:30 p.m.,
accused Nos.1 and 2 voluntarily caused hurt to the
complainant with knife, caused bleeding injuries and
intentionally insulted him to provoke his breach of peace
by taking up his caste name and also made criminal
intimidation. Admittedly, the complainant has not
furnished his Caste Certificate before the Investigating
Officer to show that he is a member of a Scheduled Tribe.
9. The Hon'ble Supreme Court in the case of
PRATHVI RAJ CHAUHAN v. UNION OF INDIA
reported in (2020) 4 SCC 727 has held that, if there is
no prima-facie material to attract the ingredients of the
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CRL.A No. 200201 of 2023
SC/ST Act, pre-arrest can be granted. In the instant
case, at this juncture, no prima-facie material is made
out. There is a dispute between the complainant and the
accused in respect of the land and hence, the ingredients
of the alleged offences do not attract. The appellants are
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
proceed to pass the following:
ORDER
Criminal appeal is allowed. The respondent-Police
Station are directed to release the appellants on bail in the
event of their arrest in Crime No.188 of 2022 for the
offences punishable under Sections 323, 324, 504 and 506
read with Section 34 of the Indian Penal Code, 1860, and
under Section 3(1)(r), 3(1)(s) and 3(2)(v-A) of the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989, subject to the following conditions:
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CRL.A No. 200201 of 2023
i. Appellants shall execute a personal bond in a
sum of Rs.1,00,000/- each (Rupees one lakh
only) with a surety for the likesum to the
satisfaction of Investigating Officer/Station
House Officer;
ii. Appellants shall surrender themselves before
the Investigating Officer/Station House
Officer within five days from the date of
receipt of a certified copy of this order;
iii. Appellants shall not tamper with the
prosecution witnesses directly or indirectly,
and
iv. Appellants shall appear before the trial Court
on all dates of hearing.
Sd/-
JUDGE
KVK
