Karnataka High Court
Sunil vs State Of Karnataka on 6 January, 2023
Bench: Shivashankar Amarannavar
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CRL.A No. 2155 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL NO. 2155 OF 2022
BETWEEN:
SUNIL
S/O MALLIKAPPA
AGED ABOUT 29 YEARS
DY RFO, DEPT OF FOREST
CHIKKAMAGALURU.
...APPELLANT
Digitally signed (BY SRI. RAMAKRISHNA - ADVOCATE)
by SANDHYA S
Location: High AND:
Court of
Karnataka
1. STATE OF KARNATAKA
BY PSI
SAKKARAYA PATNA STATION
SAKKARAYA PATNA
CHIKKAMAGALRU DISTRICT
RERPESENTED BY
THE STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU 560 001.
2. INDIRAMMA
W/O LATE RAVI
AGED ABOUT 44 YEARS
KAKA ANGADI ROAD,
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CRL.A No. 2155 of 2022
3RD HOUSE, HANUMANTHA NAGARA
SHIMOGA 577201.
3. ANITHA
D/O LATE RAVI
W/O MURUGHA
AGED ABOUT 21 YEARS
B H CENTER, SHIMSI CIRCLE
N R PURA
CHIKKAMAGALRUU DISTIRCT 577134.
4. VINAYAKA
S/O LATE RAVI
AGED ABOUT 51 YEARS (MINOR)
KAKA ANGADI RAOD,
3RD HOUSE
HANUMANTHA NAGARA
SHIMOGA 577201.
REP. BY GUARDINA
INDRAMMA
RESPONDENT NO.2
W/O LATE RAVI
KAKA ANAGADI ROAD,
3rd HOUSE, HANUSMANTHANAGARA
SHIVMOAGGA.
...RESPONDENTS
(BY SRI.VISHWAMURTHY - HCGP FOR R-1;
R-2 TO R-4 ARE SERVED)
THIS CRL.A. FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015
BY THE ADVOCATE FOR THE APPELLANT PRAYING THAT THIS
HON'BLE COURT MAY BE PLEASED TO SET ASIDE THE ORDER ON
BAIL APPLICTION PASSED BY THE I-ADDL. DISTRICT AND
SESSIONS JUDGE, CHIKKAMAGALURU CRL.MISC.NO.1056/2022
DATED 28.11.2022 AND ALLOW THE APPEAL THEREBY ENLARGE
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CRL.A No. 2155 of 2022
THE APPELLANT/ACCUSED NO.3 ON BAIL IN THE EVENT OF
ARREST BY THE POLICE IN CONNECTION WITH CRIME
NO.146/2022 U/S 342, 302, 201, 34 OF IPC AND SEC.3(2)(v),
3(2)(vii) OF SC/ST (POA) ACT REGISTERED BY SAKKARAYAPATNA
POLICE.
THIS CRL.A, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by accused No.3 seeking to set-aside
the order dated 28.11.2022 passed by the I Addl.District and
Sessions Judge at Chikkamagaluru in Crl.Misc.No.1056/2022
where under, appellant / accused No.3 and accused No.4
sought anticipatory bail in respect of Crime No.146/2022 of
Sakkarayapatna Police Station registered for the offence
punishable under Sections 342, 302, 201 read with Section 34
of IPC and Section 3(2)(v), 3(2)(vii) of the SC/ST (Prevention
of Atrocities) Act, 1989 which came to be rejected.
2. Heard arguments of learned counsel for the appellant
and learned HCGP appearing for respondent No. 1 - State.
Inspite of service of notice, respondent No. 2 to 4 remained
absent and unrepresented.
CRL.A No. 2155 of 2022
3. The case of the prosecution is that:
On 20.10.2022 at 12.30 p.m. accused Nos.1 and 2 who
are the forest officials were on beat duty during the night
hours in the forest. When they were at Kamenahalli forest
area, near Hulekallappa temple, they heard noise of cutting
tree and on search, they saw some persons were cutting
sandal wood tree. They tried to caught hold the said persons,
but some persons escaped and they managed to caught hold
two persons by name Ravi and Raju. They brought them to
Hospete Guest House for enquiry alleging that they are sandal
tree smuggler. In the morning said Ravi died due to chest
pain and thereafter his body was shifted to Kote Camp. On
enquiry, the complainant came to know that the accused
Nos.1 and 2 had illegally detained the said Ravi at Forest
quarters of Hosapete and assaulted him with bamboo club on
his hands, fingers, leg and hips and as a result said Ravi died.
The complaint came to be registered in Crime No.146/2022 of
Sakkarayapatna Police Station for the offence punishable
under Sections 342, 302, 201 read with Section 34 of IPC and
CRL.A No. 2155 of 2022
under Section 3(2)(v), 3(2)(vii) of SC/ST (Prevention of
Corruption) Act, 1989. The appellant is arrayed as accused
No.3. Apprehending his arrest, he filed Crl.Misc.1056/2022
along with accused No.4 seeking anticipatory bail and the
same came to be rejected by the I Addl.District and Sessions
Judge, Chikkamagaluru by order dated 28.11.2022.
4. Learned counsel for the appellant would contend that
no serious overt act has been alleged against this appellant /
accused No.3. The accusation levelled against accused No.3
is that after the death of deceased, he assisted accused Nos.1
and 2 in shifting the dead body to Kote Camp. It is his further
submission that the offence which attracts against this
appellant / accused No.3 is Section 201 of IPC which is not
punishable with death or imprisonment for life. There is no
allegation of assault by this appellant / accused No.3 to
deceased or another. Serious overt acts are alleged against
accused Nos.1 and 2 who are stated to have assaulted the
deceased with bamboo stick and caused his death. It is his
CRL.A No. 2155 of 2022
further submission that there is no prima-facie case against
appellant / accused No.3 for the offence under Section
3(2)(v), 3(2)(vii) of the SC/ST (Prevention of Atrocities) Act,
1989 and therefore, the bar contained under the said Act in
Section 18 is not attracted. Without considering all these
aspects, learned Sessions Judge has passed the impugned
order which requires interference. With this, he prayed to
allow the appeal and grant anticipatory bail to appellant /
accused No.3.
5. Per contra, learned HCGP would contend that
appellant / accused No.3 assisted accused Nos.1 and 2 to shift
the dead body from the forest guest house to Kote Camp and
caused disappearance of the evidence. It is further submitted
that the trial Court considering the involvement of the
appellant, has rightly rejected his petition seeking anticipatory
bail by the impugned order, which does not call for any
interference by this Court. With this, he prayed for dismissal
of the appeal.
CRL.A No. 2155 of 2022
6. Having regard to the submissions made by learned
counsel for the appellant and learned HCGP, this Court has
gone through the impugned order, FIR and complaint in Crime
No.146/2022.
7. As per the averments of the complaint, accused
Nos.1 and 2 assaulted deceased - Ravi by taking him to forest
quarters and caused injuries and committed his murder. The
accusation against accused No.3 is that he saw the dead body
and assisted accused Nos.1, 2 and 4 to shift the dead body in
the Baleno vehicle of accused No.1 to Kote Camp and caused
disappearance of the evidence. No serious overt acts are
alleged against this accused No.3. Serious overt acts are
alleged against accused Nos.1 and 2 who alleged to have
assaulted deceased - Ravi causing injuries and death.
Considering the overt acts alleged against appellant / accused
No.3, at this stage, it cannot be said that there is prima-facie
case against this appellant / accused No.3 for the offence
under Section 3(2)(v) and 3(2)(vii) of the SC/ST (Prevention
CRL.A No. 2155 of 2022
of Atrocities) Act. Therefore, the bar contained under Section
18 and 18-A of the SC/ST (Prevention of Atrocities) Act is not
attracted. Without considering all these aspects, learned
Sessions Judge has passed the impugned order which requires
interference of this Court.
8. In the facts and circumstances of the case and
submission of the learned counsel for the parties, there are
valid grounds for setting aside the impugned order and
granting anticipatory bail to the appellant - accused No.3. In
the result, I proceed to pass the following:
ORDER
Appeal is allowed. The impugned order dated
28.11.2022 passed by the I Addl.District and Sessions Judge,
Chikkamagaluru in Crl.Misc.No.1056/2022 is set aside so far
as this appellant/accused No.3 is concerned. Consequently,
the appellant / accused No.3 is granted anticipatory bail and
he is ordered to be released on bail in the event of his arrest
CRL.A No. 2155 of 2022
in Crime No.146/2022 of Sakkarayapatna Police Station
subject to the following conditions:
i. The appellant - accused No.3 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
Investigating Officer.
ii. The appellant - accused No.3 shall voluntarily surrender
before the Investigating Officer within 15 days from this
day and execute bail bond and furnish surety.
iii. The appellant - accused No.3 shall remain present
before the jurisdictional Police station on every Sunday
between 10.00 am to 02.00 pm and mark his presence
for a period of two months or till filing of the final report
whichever is earlier.
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CRL.A No. 2155 of 2022
iv. The appellant - accused No.3 shall cooperate with
investigation and make himself available for
interrogation whenever required.
v. The appellant - accused No.3 shall not directly or
indirectly make any inducement, threat or promise to
any witness acquainted with the facts of the case so as
to dissuade him from disclosing such facts to the Court
or to the Police Officer.
vi. The appellant - accused No.3 shall not obstruct or
hamper the Police investigation and not to play mischief
with the evidence collected or yet to be collected by the
Police.
Sd/-
JUDGE
DKB
