Karnataka High Court
Suresh vs The State Of Karnataka And Anr on 20 December, 2023
Author: K Natarajan
Bench: K Natarajan
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CRL.A No. 200321 of 2023
C/W CRL.A No. 200339 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE K NATARAJAN
CRIMINAL APPEAL NO. 200321 OF 2023 (U/S 14 (A))
C/W
CRIMINAL APPEAL No. 200339 OF 2023 (U/S 14 (A))
IN CRL.A.NO.200321/2023
BETWEEN:
SURESH S/O BASAPPA @
BASAVARAJ CHOUDARI,
AGE: 32 YEARS, OCC: AGRICULTURE,
R/O KALYAN NAGAR, SINDAGI,
TALUK: SINDAGI,
DISTRICT: VIJAYAPURA-586101.
...APPELLANT
Digitally
signed by
KHAJAAMEEN
L MALAGHAN
(BY SRI. SHIVANAND V. PATTANASHETTI, ADVOCATE)
Location: High
Court Of
Karnataka
AND:
1. THE STATE OF KARNATAKA
THROUGH POLICE
SINDAGI POLICE STATION,
TALUK: SINDAGI,
DISTRICT: VIJAYAPURA-586101,
REPRESENTED BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585102.
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CRL.A No. 200321 of 2023
C/W CRL.A No. 200339 of 2023
2. NINGAPPA S/O BAGAPPA HOLI,
AGED ABOUT 37 YEARS,
OCC: AGRICULTURE,
R/O BANTANOOR,
TALUK: SINDAGI,
DISTRICT: VIJAYAPURA-586101.
...RESPONDENTS
(BY SRI. SIDDALING P. PATIL, ADDL. SPP FOR R1;
NOTICE TO R-2 SERVED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A) OF
SC/ST (PA) ACT, PRAYING TO SET ASIDE THE IMPUGNED ORDER
DATED 07.11.2023 PASSED IN CRL.MISC.NO.1684/2023 BY II-
ADDL. DISTRICT AND SESSIONS AND SPECIAL JUDGE
VIJAYAPURA AND GRANT ANTICIPATORY BAIL TO THE
APPELLANT/ACCUSED NO.3 AND DIRECT SINDAGI POLICE TO
RELEASE THE APPELLANT/ACCUSED NO.3 ON BAIL IN THE EVENT
OF HIS ARREST IN CRIME NO.201/2023, REGISTERED BY
SINDAGI POLICE STATION, FOR OFFENCES PUNISHABLE UNDER
SECTIONS 143, 147, 148, 341, 324, 307, 504, 506 R/W 149 OF
IPC AND SECTIONS 3(1)(R)(S) AND 3(2)(V) OF SC/ST (PA)
AMENDMENT ACT, 2015.
IN CRL.A.NO.200339/2023
BETWEEN:
OMKAR S/O SHIVAJI KATAKE
AGE: 21 YEARS, OCC: AGRICULTURE
R/O OM SHANTI NAGAR, SINDAGI,
TQ. SINDAGI, DIST. VIJAYAPURA
...APPELLANT
(BY SRI. GANESH NAIK, ADVOCATE)
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CRL.A No. 200321 of 2023
C/W CRL.A No. 200339 of 2023
AND:
1. THE STATE OF KARNATAKA
THROUGH SINDAGI POLICE STATION
DIST. VIJAYAPUR
REPRESENTED BY
ADDL. STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
2. NINGAPPA S/O BHAGAPPA HOLI
AGE: 37 YEARS, OCC: AGRICULTURE
R/O BANTANOOR VILLAGE
TQ. SINDAGI
DIST. VIJAYAPUR-586128.
...RESPONDENTS
(BY SRI. SIDDALING P. PATIL, ADDL. SPP FOR R1;
NOTICE TO R-2 SERVED)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(A)
(2) OF SC/ST (PA) ACT, PRAYING TO SET ASIDE THE IMPUGNED
BAIL REJECTION ORDER DATED 07.11.2023 PASSED BY II-ADDL.
DISTRICT AND SESSIONS JUDGE/SPECIAL COURT AT
VIJAYAPURA, IN CRL.MISC.NO.1704/2023, BY ALLOWING THIS
APPEAL AND CONSEQUENTLY THEREBY ENLARGE THE APPELLANT
ON BAIL IN CRIME NO.201/2023, (PENDING ON THE FILE OF THE
II-ADDL. SESSIONS JUDGE, SPECIAL COURT AT VIJAYAPURA)
REGISTERED BY SINDAGI POLICE STATION, FOR OFFENCES
PUNISHABLE UNDER SECTIONS 143, 147, 148, 341, 324, 307,
504, 506 R/W 149 OF IPC AND SECTIONS 3(1)(R)(S) AND 3(2)(V)
OF SC/ST (PA) AMENDMENT ACT, 2015.
THESE APPEALS COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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CRL.A No. 200321 of 2023
C/W CRL.A No. 200339 of 2023
JUDGMENT
Criminal Appeal No.200321/2023 is filed by the
appellant/accused No.3 under Section 14(A) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, (for short, hereinafter referred to as 'the
Special Act') seeking to set aside the order dated
07.11.2023 passed by II-Additional District and Sessions
Judge/Special Judge, Vijayapura, in Criminal Miscellaneous
No.1684/2023 rejecting to grant anticipatory bail to the
appellant/accused No.3 and seeking to grant anticipatory
bail in Crime No.201/2023 registered by Sindagi Police
Station, Vijayapura District, for the offences punishable
under Sections 143, 147, 148, 341, 324, 307, 504, 506,
r/w Section 149 of IPC and Sections 3(1)(r)(s) and 3(2)(v)
of the Scheduled Castes and Scheduled Tribes (Prevention
of Atrocities) Amendment Act, 2015.
2. Criminal Appeal No.200339/2023 is filed by the
appellant/accused No.2 under Section 14(A)(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
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Atrocities) Act, seeking to set aside the order dated
07.11.2023 passed by II-Additional District and Sessions
Judge/Special Judge, Vijayapura, in Criminal Miscellaneous
No.1704/2023 rejecting to grant bail to the
appellant/accused No.2 and seeking to grant regular bail
in Crime No.201/2023 registered by Sindagi Police Station,
Vijayapura District, for the offences punishable under
Sections 143, 147, 148, 341, 324, 307, 504, 506, r/w
Section 149 of IPC and Sections 3(1)(r)(s) and 3(2)(v) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015.
3. Heard learned counsel for the appellants in both
the appeals and the learned Additional State Public
Prosecutor for respondent No.1-State. Respondent No.2 is
served and appeared in person. Respondent No.2 has
produced photographs of the injured.
4. The case of the prosecution is that on the
complaint of respondent No.2 filed on 10.09.2023, the
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Police registered the FIR for the offences punishable under
Sections 143, 147, 148, 341, 324, 307, 504, 506, r/w
Section 149 of IPC. It is alleged in the complaint that the
complainant received phone call from his brother-Sanju on
07.09.2023 at about 9.00 p.m., who informed that when
he was proceeding on the motorcycle, accused Nos.1 and
2 took him in their car and thereafter, some persons
joined them, and assaulted him with deadly weapons
after throwing chili powder on his face and after causing
injuries, the accused persons went back thinking that he is
dead. Immediately thereafter, he somehow managed to
come to the main road and with the help of passer-by, he
telephoned to the complainant. Immediately, the
complainant and other persons went to the spot and with
the help of ambulance, they shifted the injured to the
Government Hospital and thereafter, the complaint came
to be filed. After registering the FIR, during the
investigation, statement of the injured-Sanju was recorded
by the Police on 17.10.2023 wherein he has stated that
the accused persons abused him in filthy language by
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taking the name of his caste, assaulted him and caused
injuries. After recoding the statement of the injured, the
Police have arrested accused Nos.1 and 2 on 17.10.2023.
During the investigation, it was revealed that
appellant/accused No.3-Suresh, who does not belong to
SC/ST caste, has also participated in the crime. Therefore,
the Police have invoked the provisions of Section
3(1)(r)(s) and 3(2)(v) of the Special Act. The
appellant/accused No.3 apprehending his arrest at the
hands of the Police approached the Special Court for
anticipatory bail, which came to be rejected. Hence,
appellant/accused No.3 has filed appeal in Criminal Appeal
No.200321/2023 seeking anticipatory bail. Whereas,
appellant/accused No.2 was arrested on 17.10.2023 and
he was remanded to judicial custody. Hence, he
approached the Special Court seeking bail which came to
be dismissed. Hence, the appellant/accused No.2 is before
this Court in Criminal Appeal No.200339/2023 seeking
regular bail.
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5. Learned counsel for the appellant/accused No.3
contended that name of accused No.3 was not found in the
FIR and his name has been inserted in the remand
application. There is no overt-act alleged against accused
No.3 and there is delay of three days in filing the
complaint. Even otherwise, the injured has already been
discharged from the hospital and there is no reason for
rejecting the anticipatory bail petition of accused No.3 as
he has not abused the injured by taking the caste name of
the injured in a public view. Accordingly, he prayed for
grant of anticipatory bail to accused No.3.
6. Learned counsel for the appellant/accused No.2
has also taken similar contentions and contended that the
injured has already been discharged from the hospital and
accused No.2 is in custody from more than two months.
The investigation is likely to be completed. Accordingly, he
prayed for grant of regular bail to appellant/accused No.2.
7. Per contra, learned Additional State Public
Prosecutor seriously objected both the appeals contending
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that the accused persons have abused the injured in filthy
language by taking out his caste name, threw the chili
powder on the face of the injured and assaulted him with
deadly weapons. The accused left the injured on the
assumption that he is dead. The injured was admitted in
the hospital at Maharashtra State and the injured has
sustained grievous injuries. The investigation is under
progress and some of the accused has not been arrested
by the Police. Therefore, he prayed for dismissal of the
appeals.
8. Having heard learned counsel for the parties, I
have perused the records.
9. On perusal of the records, it reveals that while
registering the FIR on the complaint filed by respondent
No.2, the Police have not invoked the provisions of the
Special Act. Respondent No.2 is not an eyewitness to the
incident. He came to know about the incident through the
injured-Sanju who is the brother of respondent
No.2/complainant. Subsequently, the statement of the
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injured was recorded on 17.10.2023 after he was
discharged from PIOS Medilinks Pvt., Ltd., hospital in
Maharashtra and he has given statement mentioning the
name of accused No.3-Suresh. It is also stated that
accused Nos.1 and 2 belong to the caste of the injured and
accused No.3 belongs to other caste. The injured himself
had given Rs.10,000/- to accused No.3 on the previous
occasion and he has taken back the same from accused
No.3. However, accused No.1 had borrowed
Rs.2,50,000/- from the injured and accused No.2 had
borrowed Rs.6,00,000/- from the injured. When the
injured demanded for repayment of the amount, accused
Nos.1 and 2 called him and took him in the Maruti Swift
car belongs to accused No.3 and all the three of them took
the injured to the lonely place. Two other persons came on
the motorcycle along with deadly weapons and chili
powder. Accused No.3 has abused the injured by taking
out his caste name and abused the injured stating that he
has collected more money from him and he is collecting
more money from accused Nos.1 and 2 and therefore,
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they wanted to kill him. The accused persons threw chili
powder on the face of the injured, assaulted him with
deadly weapons and caused injuries and they went back
assuming that the injured is dead. However, the injured
somehow managed and came to the main road and with
the help of passers-by, the injured informed the
respondent No.2 over phone about the incident.
Accordingly, respondent No.2 along with others came to
the spot and with the help of ambulance which was parked
near the Toll, the injured was brought to the hospital and
he was admitted in the Government hospital and
thereafter, for higher treatment, he was shifted to PIOS
Medilinks Pvt., Ltd., hospital in Maharashtra and he was
discharged on 29.09.2023. Therefore, the contention of
the learned counsel for the appellants that there is delay
of three days in filing the complaint cannot be accepted as
respondent No.2/complainant had accompanied the
injured to admit him in the hospital to provide treatment
and subsequently, he was shifted to the hospital in
Maharashtra State. Therefore, one cannot expect that the
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complaint should be filed immediately after receipt of
information from his brother. Perusal of the photographs
produced by respondent No.2 would indicate that there is
head injury caused to the injured and there are injuries on
the forehead and other parts of the body. The injured had
sustained grievous injuries and therefore, the Police were
not able to record the statement of the injured in the
hospital. The statement of the injured was recorded only
after the discharge of the injured. The wound certificate
reveals that the injured has sustained almost eight
injuries. All the injuries are grievous in nature. Looking to
the facts and circumstances of the case, I am of the view
that there are prima facie material placed on record to
show that the accused persons have attempted to commit
the murder of the injured-Sanju. Appellant/accused No.3
has abused the injured by taking out his caste name,
assaulted him and caused injuries. Therefore, there is bar
under Sections 18 and 18-A of the Special Act to grant
anticipatory bail to accused No.3. The injuries sustained
by the injured are very grievous in nature and the
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investigation is still under progress and some of the
accused are still absconding. Therefore, I am of the view
that it is not a fit case to grant bail to both the appellants
either under Section 438 of Cr.P.C., or under Section 439
of Cr.P.C. The impugned orders passed by the Special
Court rejecting the bail applications of both the appellants
are just and proper. Therefore, I do not find any ground
to interfere with the impugned orders passed by the
Special Court.
10. Accordingly, both the appeals filed by
appellants/accused Nos.2 and 3 are dismissed.
Accused No.3 is directed to surrender and to seek for
regular bail.
Sd/-
JUDGE
NB
CT:SI
