Karnataka High Court
Shrikant S/O Mallikarjun ... vs The State Of Karnataka on 21 February, 2023
Bench: Rajendra Badamikar
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CRL.A No. 100017/2023 C/W
CRL.A.No.100018/2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL APPEAL NO. 100017/2023
C/W
CRIMINAL APPEAL NO.100018/2023
IN CRL.A.No.100017/2023
BETWEEN:
1. SHRIKANT S/O MALLIKARJUN MENASINKAYI,
AGE. 20 YEARS, OCC. COOLIE,
R/O.KHADI PLOT, NARASAPUR, BETAGERI,
TQ AND DIST. GADAG-582101
2. MANJUNATH S/O SHANKARAPPA KUBSAD,
AGE. 23 YEARS, OCC. DRIVER,
R/O. 1ST CROSS, MARUTHI NAGAR, BETAGERI
TQ AND DIST. GADAG-582101
3. RAJU S/O HANUMANTHAPPA BHANJANTRI,
AGE. 31 YEARS, OCC. BUSINESS,
SUJATA R/O.GANESH NAGAR BETAGERI,
SUBHASH TQ AND DIST. GADAG-582101
PAMMAR
Digitally signed by SUJATA
SUBHASH PAMMAR 4. YAMANESH S/O SHANKRAPPA BIJJI,
Location: HIGH COURT OF
KARNATAKA, DHARWAD
BENCH, DHARWAD.
AGE. 19 YEARS, OCC. STUDENT,
Date: 2023.02.23 10:05:47
+0530 R/O.KHADI PLOT, NARASAPUR, BETAGERI,
TQ AND DIST. GADAG-582101
.....APPELLANTS
(BY SRI. SRINIVAS B NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
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CRL.A No. 100017/2023 C/W
CRL.A.No.100018/2023
DHARWAD BENCH,
THROUGH BETAGERI POLICE STATION,
DIST.GADAG-580011
2. SHREENIVAS S/O SHIVANANDAPPA VALMIKI,
AGE. 39 YEARS, OCC. AGRICULTURE,
R/O.NEERALAGI N/A BETAGERI KHADI PLOT,
TQ AND DIST: GADAG-582102
.....RESPONDENTS
(BY SRI. RAMESH CHIGARI, HCGP FOR -1,
SRI V.P. VADAVI, ADVOCATE FOR R-2)
THIS CRIMINAL APPEAL IS FILED U/SEC. 14 A(2) OF SC/ST
(POA) ACT, 1989 SEEKING TO SET ASIDE THE ORDER PASSED IN
BTPS CRIME NO. 122/2022 DATED 03.01.2023 DISMISSING THE
PETITION FILED U/SEC. 439 OF CR.P.C. IN CRIME NO. 122/2022 FOR
THE OFFENCES PUNISHABLE U/SEC. 506, 504, 143, 147, 308, 323
R/W 149 OF IPC AND U/SECTIONS 3(1)(r)(s), 3(2) (Va) OF SC/ST
(PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 AND
CONSEQUENTLY ALLOW THE APPEAL AND ENLARGE THE
APPELLANTS 2, 4, 5 AND 6 ON BAIL IN CRIME NO. 122/2022 IN
BETAGERI P.S. THE OFFENCES PUNISHABLE U/SEC. 506, 504, 143,
147, 308, 323 R/W 149 OF IPC AND U/SEC. 3(1)(r)(s), 3(2) (Va) OF
SC/ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015
IN CRL.A NO 100018 OF 2023
BETWEEN
1. NAGRAJ @ MAHESH
S/O HANAMANTAPPA BHAJENTRI @ KORAVAR,
AGE 26 YEARS, OCC BUSINESS,
2. SHRIKANT
S/O HANAMANTAPPA BHAJANTRI @ KORAVAR,
AGE 29 YEARS, OCC BUSINESS.
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CRL.A No. 100017/2023 C/W
CRL.A.No.100018/2023
BOTH ARE R/O VASANTSING JAMADAR NAGAR,
BETAGERI, TALUKA AND DISTRICT GADAG 582101
.....APPELLANTS
(BY SRI. SRINIVAS B NAIK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH,
THROUGH BETAGERI POLICE STATION,
DIST.GADAG-580011
2. SHREENIVAS S/O SHIVANANDAPPA VALMIKI,
AGE. 39 YEARS, OCC. AGRICULTURE,
R/O.NEERALAGI N/A BETAGERI KHADI PLOT,
TQ AND DIST. GADAG-582102
.....RESPONDENTS
(BY SRI. RAMESH CHIGARI, HCGP FOR -1,
SRI V.P. VADAVI, ADVOCATE FOR R-2)
THIS CRIMINAL APPEAL IS FILED U/SEC. 14 A(2) OF SC/ST
(POA) ACT, 1989 SEEKING TO SET ASIDE THE ORDER PASSED IN
CRIMINAL MISCELLANEOUS 451/2022 DATED 03.01.2023
DISMISSING THE PETITION FILED U/SEC. 438 OF CR.P.C. IN CRIME
NO. 122/2022 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS.
506, 504, 143, 147, 308, 323 R/W 149 OF IPC AND U/SEC.
3(1)(r)(s), 3(2) (Va) OF SC/ST (PREVENTION OF ATROCITIES)
AMENDMENT ACT 2015 AND CONSEQUENTLY ALLOW THE APPEAL
AND ENLARGE THE APPELLANTS/ACCUSED NO. 1 AND 3 ON BAIL IN
EVENT OF THEIR ARREST IN CRIME NO. 122/2022 IN BETAGERI P.S.
FOR THE OFFENCES PUNISHABLE U/SEC. 506, 504, 143, 147, 308,
323 R/W 149 OF IPC AND U/SEC. 3(1)(r)(s), 3(2) (Va) OF SC/ST
(PREVENTION OF ATROCITIES) AMENDMENT ACT 2015.
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CRL.A No. 100017/2023 C/W
CRL.A.No.100018/2023
THESE APPEALS COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
The Criminal Appeal No.100017/2023 is filed by
Accused Nos.2, 4, 5 & 6, while Criminal Appeal
No.100018/2023 is filed by Accused Nos. 1 & 3 under
Section 14-A(2) of Scheduled Casts and Scheduled Tribes
(Prevention of Atrocities) Act, 2015 ( 'SC & ST Act' for
short).
2. The Criminal Appeal No.100017/2023 is filed
praying to set aside the order dated 03.01.2023 passed in
BTPS Crime No.122/2022 dismissing the petition filed
under Section 439 of Code of Criminal Procedure, 1973
(hereinafter referred to as 'Cr.P.C.', for short), while
Criminal Appeal No.100018/2023 is filed praying to set
aside the order dated 03.01.2023 passed in Criminal Misc.
No.451/2022 (arising out of Crime No.122/2022)
dismissing the petition filed under Sections 438 of Cr.P.C.,
for the offences punishable under Sections 506, 504, 143,
CRL.A No. 100017/2023 C/W
CRL.A.No.100018/2023
147, 308, 323 r/w. 149 of IPC and under Section
3(1)(r)(s), 3(2)(V)(a) of SC & ST Act by the Additional
District and Sessions Judge (Special Judge), Gadag.
3. It is submitted by the appellants/accused in
Criminal Appeal No.100018/2023 that the appellants are
belonging to same category as that of complainant and
hence, the provisions of SC & St Act are not applicable.
The said submission is placed on record.
4. Learned H.C.G.P. has also filed a memo stating
that appellants are belonging to same category as that of
complainant and hence, the provisions of SC & ST Act are
not applicable to them.
5. The said memo is placed on record.
6. The brief factual matrix leading to the case are
that on 12.12.2022 in the evening at 6.40 p.m. the
complainant has received a telephonic call from his driver
Sharanagouda alleging that when at 6.30 p.m. he had
been to petrol bunk of Parvatagouda situated at Betageri
CRL.A No. 100017/2023 C/W
CRL.A.No.100018/2023
in order to fill diesel, the appellants quarreled with him on
the ground that the tractor touched the motorcycle and
then accused No.1 abused him in vulgar language and
assaulted him by hands and asked him to secure his
owner. After receiving the information, the complainant
went to the petrol bunk and while enquiring with the driver
regarding incident, accused started to abuse him in vulgar
language having knowledge that he belongs to Scheduled
Caste and assaulted him and when he fell down on the
ground, he was stamped with an intention to cause his
death. Then the persons gathered in the petrol bunk
pacified the dispute and matter was also reported to police
and police rushed to the spot and accused by threatening
the complainant, fled from the spot. In this regard, the
complainant has lodged a complaint on the next day at
11.30 a.m. On the basis of the complaint, a crime was
registered for the offences punishable under Section 143,
147, 323, 308, 504, 506 read with Section 149 of of
Indian Penal Code, 1860 (hereinafter referred to as 'IPC',
for short) and Section 3(1)(r) (s) and 2(v)(a) of SC & ST
CRL.A No. 100017/2023 C/W
CRL.A.No.100018/2023
Act. Accused Nos.2, 4, 5 and 6 i.e., appellants in
Crl.A.No.100017/2023 are arrested and remanded to
custody while accused Nos.1 and 3 i.e., appellants in
Crl.A.No.100018/2023 apprehending their arrest, moved
anticipatory bail petition. The appellants in
Crl.A.No.100017/2023 moved for regular bail and learned
Special Judge by the impugned orders, rejected both the
bail petitions. Hence, they are before this Court.
7. Learned counsel for appellants would contend
that since appellants in Crl.A.No.100018/2023 are
belonging to Schedule Caste itself, the provisions of SC
and ST Act are not applicable. He would also contend that
the complainant and Sharangouda did not suffer any
injuries which is evident from the injury certificates and
they have not even complained of tenderness. Hence, he
would contend that second part of Section 308 of IPC is
not applicable and offence alleged against the appellants
are not punishable with death or life imprisonment. The
investigation is completed and the presence of appellants
CRL.A No. 100017/2023 C/W
CRL.A.No.100018/2023
is no more required by the investigating agency. Hence,
he would seek for admitting the appellants on regular bail
as well as on anticipatory bail.
8. Per contra learned H.C.G.P. for respondent
No.1-State and learned counsel for respondent No.2 would
oppose the appeals on the ground that there is prima facie
material as against the appellants and in case they are
enlarged on bail, there is every possibility of tampering the
prosecution witnesses and jumping on bail.
9. Having heard the arguments and perusing the
records, it is evident that the alleged incident is said to
have been taken place on 12.12.2022 evening at 6.30
p.m. The complaint discloses that the complainant was
made to fell on the ground and he was stamped by the
accused/appellants herein. But on perusal of the
complaint, further statement of complainant and other
witnesses, it is evident that no individual overt acts have
been alleged and only omnibus allegations have been
made. Further, there is specific assertion that he was
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CRL.A.No.100018/2023
stamped on entire body, but on perusal of wound
certificates it is evident that neither the complainant nor
the driver Sharanagouda suffered any injuries. Even
single abrasions was not found on their body and there
were no complaint of tenderness.
10. Apart from that, allegations of complaint further
disclose that at the same time, police rushed to the spot
and on seeing the police, the accused fled from the spot.
In that event, the complaint could have been lodged
immediately but the complaint was lodged on the next day
which discloses that there could be certain consultations
before lodging the complaint. Apart from that, the
provisions of SC and ST Act were incorporated but
allegations of complaint clearly establish that no abusive
words with reference to caste have been used and the
allegations regarding abuse is only against accused No.1
who also belongs to the same community. There is no
prima facie evidence to show that the humiliation was with
reference to the caste and no injuries have been caused.
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CRL.A No. 100017/2023 C/W
CRL.A.No.100018/2023
Though the Investigating Officer has incorporated the
offence under Section 308 IPC, considering the wound
certificates the offence falls under Section 308 Part-I of
IPC, at most which is punishable with maximum
imprisonment of three years with fine. Apart from that,
the investigation is completed and charge sheet is filed. As
such, the presence of appellants/accused is no more
required by the investigating agency. It is also submitted
that the entire incident was recorded in CCTV. In that
event, it would be the best piece of evidence during the
course of trial and question of tampering does not arise at
all. Looking to the facts and circumstances, learned
Special Judge has erred in rejecting the regular bail
petition as well as anticipatory bail petition. Hence, the
appeals need to be allowed and accordingly, I proceed to
pass the following:
ORDER
Both the appeals are allowed.
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CRL.A No. 100017/2023 C/W
CRL.A.No.100018/2023
The impugned orders passed by the learned Addl.
District and Sessions Judge and Special Judge, Gadag in
BTPS Crime No.122/2022 and in Criminal Misc.
No.451/2022 dated 13.01.2023 are set aside.
The regular bail petition filed under Section 439 of
Cr.P.C. and anticipatory bail petition filed under Section
438 of Cr.P.C. stand allowed.
The appellants/Accused Nos. 2, 4, 5 & 6 in
Crl.A.No.100017/2023 are ordered to be enlarged on
regular bail in BTPS Crime No.122/2022 on each of them
executing a personal bond in a sum of Rs.50,000/- with
one surety for the likesum subject to conditions imposed
hereunder.
Accordingly, the appellants/Accused Nos. 1 & 3 in
Crl.A.No.100018/2023 are ordered to be enlarged on
anticipatory bail in the event of their arrest in BTPS Crime
No.122/2022 on each of them executing a personal bond
in a sum of Rs.50,000/- with one surety for the likesum
subject to following conditions:
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CRL.A.No.100018/2023
i) The appellants/Accused Nos. 1 & 3 in
Crl.A.No.100018/2023 shall surrender before
the learned Special Judge within fifteen days
from the date of receipt of a copy of this
judgment and in the event of their surrender,
they shall be enlarged on bail, as directed
above.
ii) The appellants in both the appeals i.e.,
Accused Nos. 1 to 6 shall not tamper the
prosecution witnesses.
iii) They shall not indulge in any criminal
activities.
iv) They shall co-operate with the Trial Court for
speedy disposal of the matter.
v) They shall be present before the Court as and
when directed and attend the case on all
dates of hearing without fail unless their
presence is exempted by specific order.
Sd/-
JUDGE
KGR & NAA
