Karnataka High Court
Sri Kumaraswamy Muddera Alias Kumara ... vs State By Karnataka on 20 December, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2023:KHC-D:14908
CRL.A No. 100449 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 100449 OF 2023
BETWEEN:
SRI. KUMARASWAMY MUDDERA
@ KUMARA SWAMY
@ KUMARASWAMI REVANEPPA MUDDER
S/O REVANAPPA M.H.,
AGED ABOUT 33 YEARS,
OCC. AGRICULTURE,
R/AT TEMPLE ROAD,
HARALHALLI VILLAGE,
HARIHARA TALUK
DAVANAGERE DISTRICT-577001.
... APPELLANT
(BY SRI. RUDRAGOUDA P. ADVOCATE FOR
SMT. SHRUTHI S.P., ADVOCATE)
AND:
1. STATE BY KARNATAKA,
BY HAVERI WOMEN POLICE STATION,
(R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAK,
DHARWAD BENCH).
Digitally signed
by
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI M KANKUPPI
Date: 2023.12.21
16:20:49 +0530 2. SMT. PAVITRA KODLER
W/O KUMARA SWAMY MUDDERA
@ KUMARASWAMI MUDDER,
AGED ABOUT 28 YEARS,
R/A DODDIKOPPA VILLAGE,
SORABA TALUK,
SHIVAMOGGA DISTRICT-577201.
PRESENTLY RESIDING AT
BALAMBIDA VILLAGE,
HANAGAL TLAUK,
HAVERI DISTRICT-581110.
... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1;
SRI. RAGHAVENDRA A. PUROHIT, ADVOCATE FOR R2)
THIS CRIMINAL APPEAL IS FILED U/SEC.14A (2) OF CR.P.C.
SEEKING TO SET ASIDE THE ORDER DATED 31.08.2023 PASSED IN
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NC: 2023:KHC-D:14908
CRL.A No. 100449 of 2023
SPECIAL SC AND ST NO.32/2023 ON THE FILE OF THE I ADDL.
DISTRICT AND SESSIONS JUDGE, SPECIAL JUDGE, AT HAVERI
PENDING IN SPL. SC AND ST NO.32/2023 ARISING OUT OF CRIME
NO.37/2023 REGISTERED BY THE HAVERI WOMEN POLICE
STATION, FOR OFFENCES PUNISHABLE U/SEC. 143, 147, 323,
376(2)(n), 504, 149 OF IPC AND SEC. 3(1)(r), 3(1)(W)(i)(ii), 3(2)(V)
AND 3(2)(Va) OF SC AND ST (PA) AMENDMENT ACT 2015 AND TO
PASS AN ORDER TO ENLARGE THE APPELLANT/ ACCUSED NO.1 ON
BAIL ON THEREIN ON SUCH CONDITIONS THAT MAY BE IMPOSED BY
THIS HON'BLE COURT IN THE INTEREST OF JUSTICE.
THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by sole accused praying to set-
aside the order dated 31.08.2023 passed in Special SC
and ST No.32/2023 by 1st Additional District and Sessions
Judge and Special Judge at Haveri, whereunder the bail
application of the appellant/accused No.1 sought in
respect of Crime No.37/2023 of Haveri Women Police
Station registered for the offences punishable under
Sections 143, 147, 323, 376(2)(n), 504 read with Section
149 of the Indian Penal Code (hereinafter referred to as
the "IPC", for brevity) and Sections 3(1)(r), 3(1)(w)(i)(ii),
3(2)(v) and 3(2)(va) of the Scheduled Caste and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
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(hereinafter referred to as the "SC & ST (POA) Act", for
brevity) which came to be rejected.
2. Heard learned counsel for the appellant, learned
High Court Government Pleader for respondent No.1-State
and learned counsel for respondent No.2.
3. The case of the prosecution is that respondent
No.2 has filed complaint stating that about 9 years ago,
the appellant/accused No.1 was salesman and he came in
contact with respondent No.2 and have exchanged
messages through mobile and started loving each other.
The appellant/accused No.1 assured respondent No.2 to
marry her and made physical contact. Due to which
respondent No.2 became pregnant two times and
appellant/accused No.1 gave tablets and got aborted for
two times. Thereafter, appellant/accused No.1 married the
respondent No.2 in temple in the year 2018 and continued
physical contact with her. Thereafter, when respondent
No.2 became pregnant, appellant/accused No.1 asked for
abortion and when she refused to do so, he abused her
taking her caste name. That on 08.05.2023 at about 6.00
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p.m. when respondent No.2 went to the house of
appellant/accused No.1, at that time appellant/accused
No.1 and other accused formed an unlawful assembly
abused her stating that appellant/accused No.1 has
already married, they will not accept her and assaulted
with their hands. On the basis of the complaint filed by the
respondent No.2 a case came to be registered against
appellant/accused No.1 and other accused in Haveri
Women Police Station Crime No.37/2023. After
investigation, charge sheet has been filed against this
appellant/accused No.1 and other accused for the
aforesaid offences. The appellant/accused No.1 was in
judicial custody and filed bail application and same came
to be rejected by impugned order which is challenged in
this appeal.
4. Learned counsel for the appellant would
contend that the respondent No.2 in the complaint has
stated that she is the wife of this appellant/accused No.1
and therefore, the act of physical contact by him is not a
offence under Section 376 of the IPC. The relationship
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between appellant/accused No.1 and respondent No.2 is
live-in relationship. The victim girl is of the age of
understanding the consequences of her acts. As the
charge sheet is filed, appellant/accused No.1 is not
required for custodial interrogation. Without considering all
these aspects, learned Special Judge has passed the
impugned order rejecting the bail application filed by the
appellant/accused No.1 which requires interference by this
Court.
5. Learned High Court Government Pleader for
respondent No.1-State and learned counsel for respondent
No.2 both would contend that victim lady belongs to
scheduled caste and appellant/accused No.1 had physical
relationship with her under the promise of marriage and
subsequently cheated her by not fulfilling his promise. The
appellant/accused No.1 and other accused abused the
victim girl by taking her caste and assaulted her. The
charge sheet material shows prima facie case against the
appellant/accused No.1 for the offences alleged against
him. Considering all these aspects, learned Sessions Judge
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has rightly rejected the bail application. With this, they
prayed to dismiss the appeal.
6. Having heard the learned counsel for the
parties, this Court has perused the impugned order and
charge sheet material.
7. The averments of the complaint itself shows
that the appellant/accused No.1 and respondent No.2
started loving each other in the year 2017 and they had
physical contact and subsequently they also continued said
relationship and physical contact. The victim girl is of the
age of 28 years as on the date of filing of the complaint.
The victim girl was major when alleged sexual intercourse
has taken place. Even in the complaint, the respondent
No.2 has stated herself as wife of this appellant/accused
No.1 and it is also stated that appellant/accused No.1
married in the temple in the year 2018 and they were
residing together. The allegation of this appellant/accused
No.1 is that subsequently he did not marry her in the
presence of his parents and cheated her and abused her
by taking her caste. It is stated in the complaint itself that
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the appellant/accused No.1 married victim girl, in that
circumstances, it cannot said at this stage the offence
under Section 376 of the IPC is attracted. Other offences
alleged against the appellant/accused No.1 are not
punishable with death or imprisonment for life. As the
charge sheet is filed, appellant/accused No.1 is not
required for custodial interrogation. Without considering
these aspects, learned Sessions Judge has passed
impugned order which requires interference of this Court.
8. Therefore in the facts and circumstances of the
case, this Court is of the view that the appeal requires to
be allowed by setting aside the impugned order. Hence, I
proceed to pass the following:
ORDER
The appeal is allowed. The impugned order dated
31.08.2023 is set aside.
Consequently, the bail application of the
appellant/accused No.1 stands allowed. The
appellant/accused No.1 is ordered to be released on bail in
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Crime No.37/2022 of Haveri Woman Police Station,
subject to the following conditions:
i. The appellant/accused No.1 shall execute a
personal bond for a sum of Rs.1,00,000/-
(Rupees One Lakh Only) with one surety for
the likesum to the satisfaction of the trial
Court.
ii. The appellant/accused No.1 shall not tamper
the prosecution witnesses.
iii. The appellant/accused No.1 shall attend the
Court on all the dates of hearing, unless
exempted, and co-operate in speedy disposal
of the case.
Sd/-
JUDGE
AC
CT:BCK
