Karnataka High Court
Sri Nanjunda Raja Urs vs The State Of Karnataka on 8 December, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
-1-
NC: 2023:KHC:44635
CRL.A No. 2006 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 2006 OF 2023
BETWEEN:
SRI NANJUNDA RAJA URS
SON OF RANGARAJA URS,
AGED ABOUT 51 YEARS,
R/AT KUDLUR VILLAGE ,
MALUR HOBLI,
CHANNAPATNA TALUK,
RAMANAGAR DISTRICT-562160.
...APPELLANT
(BY SRI. GEORGE ANTHONY CRUZ.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY CHANNAPATNA RURAL POLICE STATION,
RAMANAGAR,
Digitally signed
by CHAITHRA P REPRESENTED BY ITS PUBLIC PROSECUTOR,
Location: High HIGH COURT COMPLEX,
Court of
Karnataka BANGALORE-560001.
2. SMT. SHASHIKALA
D/O LATE CHALUVARAJU,
AGED ABOUT 48 YEARS,
R/AT KUDLUR VILLAGE, MALUR HOBLI,
CHANNAPATNA TALUK,
RAMANAGARA DISTRICT-562160.
...RESPONDENTS
(BY SMT. SOWMYA.R., HCGP FOR R1;
SRI.HALESHA R.SG. FOR R2)
-2-
NC: 2023:KHC:44635
CRL.A No. 2006 of 2023
THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 18.07.2023 IN
CRL.MISC.NO.477/2023 PASSED BY THE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE, RAMANAGARA AND
ENLARGE THE PETITIONER/ACCUSED ON BAIL IN
SPL.C.C.NO.103/2023 (CR.NO.154/2023) FOR THE OFFENCE
P/U/S 312, 376, 420, 504, 506 OF IPC, AND SECTION 3(1)(r),
3(1)(s), 3(1)(w), 3(2)(v) OF SC/ST (POA) ACT FILED BY THE
RESPONDENT POLICE WHICH IS NOW PENDING BEFORE THE
ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred under Section 14A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 praying to set aside the order dated
18.07.2023 passed by the I Additional District and
Sessions Judge at Ramanagara in Crl.Misc.No.477/2023
and consequently to enlarge the appellant on bail in crime
No.154/2023 registered at Channapatna Rural Police
Station.
NC: 2023:KHC:44635
2. FIR is registered for the offence punishable
under Section 376, 420, 504, 506 of IPC and under
Section 3(1)(r), 3(1)(s) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Amendment
Bill, 2015.
3. Charge sheet is filed for the offence punishable
under Section 506, 504, 312, 376 and 420 of IPC and
Section 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(v) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities)
Amendment Act, 2015 (SC/ST (POA) Act for Short).
4. In the complaint lodged by the
victim / respondent No.2 it is alleged that since 25 years
accused and herself were in physical relationship and on
various occasions accused received a total sum of
Rs.10,00,000/- from her and later refused to marry on the
ground that she belongs to Scheduled Caste. Further, he
threatened her with dire consequences posing threat to
her life and the life of her brother.
5. The learned High Court Government Pleader
has contended that the Police have filed charge sheet after
NC: 2023:KHC:44635
thorough investigation and therefore, there is a prima-
facie case against the appellant. She contends that if the
appellant is enlarged on bail, he may tamper with the
prosecution witnesses and may pose threat to the life of
complainant. She therefore sought to dismiss the appeal.
6. The learned counsel for respondent No.2 has
contended that, with a promise of marriage, accused had
physical relationship with the victim and received a huge
sum of money and the said amount was obtained by the
victim by taking loan from various societies and she also
provided a motor cycle to the accused by taking loan from
Muthoot finance and she has been paying installments to
repay the loan. He contends that the accused has abused
the victim, insulting her caste and refused to marry her
and therefore, the Trial court has rightly rejected the bail
petition.
7. As per the complaint averments, appellant and
victim were in physical relationship for the last 25 years. It
is alleged that the victim pledged gold chain and gave sum
of Rs.2,20,000/- to the accused for making separate house
NC: 2023:KHC:44635
and for the purchase of sound system etc. another sum of
Rs.1,00,000/- was given and the victim is paying the EMI
towards the loan amount etc. It is stated that on various
occasions the victim had given money to the accused, to
the tune of Rs.10,00,000/- and even provided Motor cycle
after taking loan from Muthoot Finance.
8. The alleged offence is said to have taken place
between 01.01.1998 to 31.05.2023. It is not specifically
stated as to when the accused abused the complainant
insulting her caste etc. The various allegations regarding
receiving the money from the complainant to the tune of
Rs.10,00,000/- and cheating the complainant etc. is a
matter which has to be established in due course. The
ingredients of the offences alleged have to be established
in a full fledged trial.
9. The accused was arrested on 01.06.2023. Since
then he is in judicial custody. Investigation is completed
and charge sheet is already filed. The apprehension of the
prosecution can be safeguarded by putting the appellant
on terms. Hence, by imposing necessary conditions the
NC: 2023:KHC:44635
relief sought by the appellant can be granted. Accordingly,
the following:
ORDER
i) Appeal is allowed.
ii) The order dated 18.07.2023 passed by the
Court of the I Additional District and Sessions Judge,
Ramanagara in Crl.Misc.No.477/2023 is set aside. The
appellant / accused in crime No.154/2023 of Channapatna
Rural Police Station, is ordered to be enlarged on bail
subject to following conditions:
a) He shall execute a personal bond in a
sum of Rs.1,00,000/- (Rupees One Lakh Only)
with two sureties for the likesum.
b) He shall not tamper with the
prosecution witnesses.
c) He shall furnish his address proof.
d) He shall regularly appear before the
Trial Court.
NC: 2023:KHC:44635
d) He shall not put any threat or
inducement to the complainant / victim in any
manner.
e) If any of the conditions are violated,
the prosecution or the victim are at liberty to
seek cancellation of bail.
Sd/-
JUDGE
LDC
