Karnataka High Court
Hema W/O Durgappa Madar vs The State Of Karnataka on 20 December, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2023:KHC-D:14950
CRL.A No. 100551 of 2023
C/W CRL.A No. 100580 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. 100551 OF 2023
C/W
CRIMINAL APPEAL NO. 100580 OF 2023
IN CRL.A. NO. 100551 OF 2023:
BETWEEN:
1. RAJU S/O MAHADEV PUJARI,
AGE. 44 YEARS, OCC. AGRICULTURIST,
2. SHIVABASU S/O SHIVAPPA @ SIDDAPPA PUJARI,
AGE. 61 YEARS, OCC. AGRICULTURIST,
3. LAXMAN S/O GURAPPA @ GURUPAD PUJARI,
AGE. 63 YEARS, OCC. AGRICULTURIST,
4. LAGAMANNA S/O LAKKAPPA PUJARI,
AGE. 37 YEARS, OCC. AGRICULTURIST,
5. TAMMANNA S/O RAMAPPA PUJARI,
AGE. 38 YEARS, OCC. AGRICULTURIST,
Digitally signed
by
6. TUKKAPPA S/O LAXMAN PUJARI,
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI M KANKUPPI
Date: 2023.12.21
16:21:27 +0530
AGE. 72 YEARS, OCC. AGRICULTURIST,
7. APPASABAPPANNA S/O BASAPPA PUJARI,
AGE. 39 YEARS, OCC. AGRICULTURIST,
8. PRAKASH S/O BASAPPA PUJARI,
AGE. 35 YEARS, OCC. AGRICULTURIST,
9. CHANNAPPA S/O MURAGEPPA PUJARI,
AGE. 45 YEARS, OCC. AGRICULTURIST,
10. BHIMAPPA S/O BABU PUJARI,
AGE. 51 YEARS, OCC. AGRICULTURIST,
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CRL.A No. 100551 of 2023
C/W CRL.A No. 100580 of 2023
11. GADIGEPPA S/O BASAPPA @ BANAPPA PUJARI,
AGE. 47 YEARS, OCC. AGRICULTURIST,
12. SHRISHAIL S/O BASAPPA PUJARI,
AGE. 45 YEARS, OCC. AGRICULTURIST,
13. RAJU S/O LAXMAN PUJARI,
AGE. 31 YEARS, OCC. AGRICULTURIST,
14. SATYAPPA S/O BHIMAPPA PUJARI,
AGE. 36 YEARS, OCC. AGRICULTURIST,
15. SATYAPPA S/O LAXMAN @ RAMAPPA PUJARI,
AGE. 37 YEARS, OCC. AGRICULTURIST,
16. MAHADEV S/O BASAPPA PUJARI,
AGE. 34 YEARS, OCC. AGRICULTURIST,
17. SHANKAR S/O MALLAPPA PUJARI,
AGE. 34 YEARS, OCC. AGRICULTURIST,
(ALL THE APPELLANTS ARE R/O. KATAGERI,
TAL. ATHANI, DIST. BELAGAVI 591304.)
... APPELLANTS
(BY SRI. JAGDISH PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH P.S.I., ATHANI P.S., BELAGAVI,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
2. PUTTU S/O KALLAPPA GANACHARI @ MADIGAR,
AGE. 40 YEARS, OCC. AGRICULTURE,
R/O. NANDAGAON, TQ. ATHANI,
DIST. BELAGAVI-591304.
... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1/STATE;
SRI. A.M. MELGADE, ADVOCATE FOR R2)
THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST
(POA) ACT, 1989 R/W 438 OF CR.P.C., SEEKING TO ALLOW THE
APPEAL AND GRANT ANTICIPATORY BAIL TO THE APPELLANTS IN
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CRL.A No. 100551 of 2023
C/W CRL.A No. 100580 of 2023
CONNECTION WITH ATHANI P.S. FIR CRIME NO.383/2023 DATED
31.10.2023 FOR OFFENCES PUNISHABLE U/S 143, 147, 148, 323,
324, 354(B), 427, 504, 506, 436, 307, R/W 149 OF IPC AND 3(1)(r),
3(1)(s), 3(2)(v), 3(2)(va) OF SC/ST (POA) ACT, 1989 WITH RESPECT
TO THE APPELLANTS/ACCUSED NO.1 TO 10, 12, 13 AND 15 TO 19,
IN THE INTEREST OF JUSTICE.
IN CRL.A. NO. 100580 OF 2023:
BETWEEN:
HEMA W/O DURGAPPA MADAR,
AGE. 39 YEARS, OCC. AGRICULTURIST,
R/O. NANDAGAON, TQ. ATHANI,
DIST. BELAGAVI-591304.
... APPELLANT
(BY SRI. JAGDISH PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH P.S.I., ATHANI P.S., BELAGAVI,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
2. PUTTU S/O KALLAPPA GANACHARI @ MADIGAR,
AGE. 40 YEARS, OCC. AGRICULTURE,
R/O. NANDAGAON, TQ. ATHANI,
DIST. BELAGAVI-591304.
... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR RESPONDENT/STATE)
THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST
(POA) ACT, 1989 R/W 438 OF CR.P.C., SEEKING TO ALLOW THE
APPEAL AND GRANT ANTICIPATORY BAIL TO THE APPELLANT IN
CONNECTION WITH ATHANI P.S. FIR CRIME NO.383/2023 DATED
31.10.2023 FOR OFFENCES PUNISHABLE U/S 143, 147, 148, 323,
324, 354(B), 427, 504, 506, 436, 307, R/W 149 OF IPC AND 3(1)(r),
3(1)(s), 3(2)(v), 3(2)(va) OF SC/ST (POA) ACT, 1989 WITH RESPECT
TO THE APPELLANT/ACCUSED NO.11, IN THE INTEREST OF JUSTICE.
THESE APPEALS COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
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CRL.A No. 100551 of 2023
C/W CRL.A No. 100580 of 2023
JUDGMENT
Criminal Appeal No.100551/2023 is filed by accused
Nos.1 to 10, 12, 13 and 15 to 19 and Criminal Appeal
No.100580/2023 is filed by accused No.11 praying to set
aside the common order dated 28.11.2023 passed in
Criminal Miscellaneous No.1336/2023 and 1354/2023 by the
learned III Additional District and Sessions Judge, Belagavi,
whereunder the anticipatory bail petitions of the appellants
sought in respect of Athani Police Station Crime No.383/2023
registered for the offences punishable under sections
3(2)(va), 3(1)(r)(s), 3(2)(v) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989 and
Sections 143, 147, 148, 323, 324, 354B, 427, 504, 506, 436
and 307 read with Section 149 of the Indian Penal Code,
came to be rejected.
2. Heard the learned counsel appearing for the
appellants, the learned High Court Government Pleader for
respondent No.1-State and the learned counsel appearing
for respondent No.2.
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3. Respondent No.2 has filed complaint stating that,
Shri Lakkavva Devi Temple at Katageri, is run by the elders
and people of their community and on 31.10.2023, at about
4:00pm, the accused persons came to the temple holding
axe, clubs, sickle etc and abused the complainant in filthy
language and destroyed the shop and at that time, the
complainant's sister-in-law by name Kasavva Ganachari,
Rekha Ganachari, Gunjavva Ganachari, Rakesh Ganachari,
Gangavva Ganachari, Chikkappa Ganachari, Akash
Ganachari and Yallavva Ganachari, all, have been assaulted
by the accused persons with clubs and also destroyed the
shop and abused them in filthy language taking their caste
name and outraged the modesty of women by pulling their
saree and assaulted them with rod and sickle on the head
and caused injury and also squeezed the neck and tried to
commit murder and also destroyed the house and burnt the
household utensils and took 8.5 tola gold which was kept in
the box of the shop and due to burning of the shop material,
they suffered loss of Rs.70,000/- and also suffered loss of
Rs.90,000/- by burning shop. Based upon the said
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complaint, a case came to be registered against the
appellants in Athani Police Station Crime No.383/2023 for
the aforesaid offences. The appellants apprehending their
arrest, filed petitions seeking anticipatory bail and the same
came to be rejected by the impugned order.
4. The learned counsel appearing for the appellants
would contend that there is no averment in the complaint
about the caste of these appellants. The allegations made
in the complaint are omnibus allegations, as there is no
specific overt act alleged against each of the accused
persons. There is a civil dispute regarding temple property
and even a writ petition in that regard is also pending before
this Court. He further contended that there is a complaint
filed by accused No.11 and the same came to be registered
in Crime No.384/2023. He contends that there was a minor
scuffle with regard to the temple property and therefore, a
false complaint has been lodged against the appellants. As
the allegations are omnibus, the offence under Section 3 of
SC & ST Act are not attracted and therefore, the bar under
Section 18 of SC & ST Act is not attracted. The learned
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Sessions Judge without considering these aspects has
rejected the anticipatory bail petitions which require
interference by this Court. With this, he prays to allow the
appeals.
5. Per contra, the learned High Court Government
Pleader appearing for respondent No.1 and the learned
counsel for respondent No.2 would contend that the
appellants destroyed the shop of the complainant, caused
loss, took gold and cash, assaulted and outraged the
modesty of women. Considering the said aspect, the learned
Sessions Judge has rightly rejected their anticipatory bail
petitions. On perusal of the averments of the complaint, the
offence under Section 3 of SC & ST Act are made out and
therefore bar under Section 18 of SC & ST Act is attracted.
With this, they prayed to dismiss the appeals.
6. Having heard the learned counsel for the parties,
the Court has perused the FIR, the complaint and the
impugned order.
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7. Respondent No.2 has filed the complaint against
the appellants which came to be registered in Crime
No.383/2023 of Athani Police Station. There is no averment
in the complaint that the appellants are not belonging to the
scheduled caste. The allegation against the appellants of
abuse touching the caste, assault, etc is omnibus allegation.
There is no specific overt act alleged against each of the
accused persons. Therefore, at this stage, it cannot be
said, which of the accused abused the complainant and
others touching their caste and assaulted them. Therefore,
bar under Section 18 of the SC & ST Act is not attracted, as
there is no prima facie case against each of the appellants
for offence under Section 3 of the SC & ST Act. The other
offences alleged against the appellants are not punishable
with death or imprisonment for life.
8. Without considering these aspects, the learned
Sessions Judge has passed the impugned order which
requires interference by this Court. The appellants have
made out grounds for setting aside the impugned order
and granting anticipatory bail.
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9. In the result, the following order:
Both the criminal appeals are allowed. The petitions
filed by the appellants seeking anticipatory bail stands
allowed. The appellants/accused No.1 to 13, 15 to 19 are
ordered to be released on bail in the event of their arrest in
Crime No.383/2023 of Athnai Police Station subject to the
following conditions:
i. The appellants shall execute a personal bond for
a sum of Rs.2,00,000/- each with one surety for
the likeum to the satisfaction of the
Investigating Officer;
ii. The appellants shall appear before the
Investigating Officer within fifteen days from
this day and execute bail bond and furnish
surety.
iii. The appellants shall co-operate with the Police in
the Investigation; and
iv. The appellants shall not involve in commission of
similar offences.
Sd/-
JUDGE
Kmv
CT:BCK
