Karnataka High Court
Yarriswamy vs The State Of Karnataka By on 4 December, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2023:KHC:43624
CRL.A No. 2005 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4 TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 2005 OF 2023
BETWEEN:
1. YARRISWAMY
S/O THAMMANNA
AGED ABOUT 38 YEARS
OCC: AGRICULTURIST,
R/O THALIKERE ROAD,
GOLLA BANDE,
THIRUMALAPURA VILLAGE,
CHALLAKERE TALUK,
CHITRADURGA DISTRICT 577522.
2. GOVINDAPPA
S/O CHIKKIRAPPA
AGED ABOUT 46 YEARS
OCC: AGRICULTURIST,
Digitally signed R/O THALIKERE ROAD, GOLLA BANDE,
by REKHA THIRUMALAPURA VILLAGE,
ANKAIAH
Location: High CHALLAKERE TALUK,
Court of CHITRADURGA DISTRICT 577522.
Karnataka
3. SRINIVASA
S/O CHIKKIRAPPA,
AGED ABOUT 57 YEARS,
OCC: AGRICULTURIST,
R/O THALIKERE ROAD, GOLLA BANDE,
THIRUMALAPURA VILLAGE,
CHALLAKERE TALUK,
CHITRADURGA DISTRICT 577522
...APPELLANTS
(BY SRI. P. B. UMESH., ADVOCATE FOR
SRI. R.B.DESHPANDE., ADVOCATE)
-2-
NC: 2023:KHC:43624
CRL.A No. 2005 of 2023
AND:
1. THE STATE OF KARNATAKA BY
THALAK POLICE STATION,
THALAK CIRCLE,
CHITRADURGA DISTRICT 577543
(REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDINGS, BENGALURU 560001)
2. NAGARAJA
S/O LATE MARANNA
AGED ABOUT 31 YEARS
MEMBER OF GRAMPANCHAYATH,
R/O BANDE THINMALAPURA VILLAGE,
CHALLAKERE TALUK,
CHITRADURGA DISTRICT 577522
...RESPONDENTS
(BY SRI.B.LAKSHMAN, HCGP)
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
BY PRAYING TO SET ASIDE THE ORDER DATED 20.10.2023 IN
CRL.MISC.NO.1362/2023 PASSED BY THE SPL., 2ND
ADDL.DISTRICT AND SESSIONS JUDGE, CHITRADURGA
CONSEQUENTLY DIRECT THE CONCERNED POLICE OF THALAK
P.S., CHITRADURGA DISTRICT TO ENLARGE THE APPELLANTS /
ACCUSED ON BAIL IN CR.NO.201/2023 OF THALAK P.S.,
CHITRADURGA DISTRICT (REGISTERED FOR THE OFFENCE
P/U/S 323,109,354(B),355,504,506 R/W 34 OF IPC AND
SEC.3(1)(r)(s),3(1)(w),3(2)(v-a) OF SC/ST (POA) ACT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
-3-
NC: 2023:KHC:43624
CRL.A No. 2005 of 2023
JUDGMENT
Heard and perused the material on record.
2. Appellants are arraigned as accused Nos.1, 2
and 3 in crime No.201/2023 of Thalak Police Station,
Chitradurga, registered for the offence punishable under
Section 323, 109, 354(B), 355, 504, 506 R/W 34 OF IPC
and Section 3(1)(r)(s), 3(1)(w), 3(2)(v-a) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
3. The learned Sessions Judge by an order dated
20.10.2023 in Crl.Misc.No.1362/2023 has rejected the
petition filed by accused Nos.1 to 3 under Section 438 of
Cr.P.C. Hence, this appeal.
4. The learned counsel for the appellants submits
that accused Nos.1 and 2 are already arrested and
therefore, he is not pressing the appeal in so far the said
accused are concerned. He contends that in so far
appellant No.3 i.e., accused No.3 is concerned, there are
absolutely no allegations that he has either abused the
NC: 2023:KHC:43624
complainant referring to his caste or that he has assaulted
him etc. He submits that due to previous enmity, he has
been falsely implicated by the complainant.
5. Learned High Court Government Pleader
contends that in view of the invocation of the provisions
under SC/ST Act, the learned Sessions Judge has rightly
rejected the petition filed under Section 438 of Cr.P.C.,
since there is a bar under Section 18 of the SC/ST (POA)
Act for granting anticipatory bail.
6. I have perused the complaint averments. The
specific allegations of abusing the first informant taking
reference to his caste and assaulting him etc are against
accused Nos.1 and 2. The said accused are now arrested.
In so far as appellant No.3 i.e., accused No.3 is concerned,
it is alleged that while committing the offence, accused
Nos.1 and 2 have claimed that they have the support of
accused No.3 and the said accused has instigated them.
7. A perusal of the complaint averments shows
that admittedly the appellant No.3 i.e., accused No.3 was
NC: 2023:KHC:43624
not present at the spot. Further it is not the case of the
first informant that even the said accused has abused him
taking reference to his caste. Hence, it cannot be said
that there is a prima facie case against appellant No.3 at
this stage. Section 18 of the SC/ST Act will therefore not
come in the way of granting the relief of anticipatory bail
to the said accused. Accordingly, the following:
ORDER
i. The appeal is allowed in part.
ii. Appeal is dismissed as not pressed in so far as
appellant Nos.1 and 2 are concerned.
iii. Appeal is allowed in respect of appellant
No.3/accused No.3, subject to following conditions:
In the event of arrest of appellant No.3/accused No.3
in Crime No.201/2023 of Thalak Police Station, he shall be
released on his executing a bond in a sum of Rs.50,000/-
(Rupees Fifty Thousand only) with two sureties for the
likesum.
NC: 2023:KHC:43624
a. He shall appear before the Investigation
Officer within a period of Ten days from
the date of receipt of a copy of the
order.
b. He shall cooperate with the
investigation.
c. He shall furnish proof of his residential
address and shall inform the Court/I.O.
if there is any change in the address.
d. He shall not tamper with the
prosecution witnesses either directly or
indirectly.
e. He shall be regular in attending the
Court proceedings.
Sd/-
JUDGE
LDC/HB
