M Shivanna S/O Late Karibasappa vs The State Of Karnataka
2023 Latest Caselaw 4058 Kant

                                                  -1-
                                                            NC: 2023:KHC-D:6812
                                                            CRL.A No. 100238 of 2023




                                  IN THE HIGH COURT OF KARNATAKA

                                           DHARWAD BENCH

                                 DATED THIS THE 6TH DAY OF JULY, 2023

                                                BEFORE
                                 THE HON'BLE MR JUSTICE ANIL B KATTI
                                 CRIMINAL APPEAL NO. 100238 OF 2023
                      BETWEEN:

                      M. SHIVANNA, S/O LATE KARIBASAPPA,
                      AGE. 39 YEARS, OCC. AGRICULTURIST,
                      R/O. KALAPUR VILLAGE, KOTTURU TALUK,
                      VIJAYANAGARA DISTRICT, PINCODE-583134.

                                                                        ...APPELLANT

                      (BY SRI. BASAVANA GOUD T, ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA,
                           BY SUB-INSPECTOR OF POLICE,
                           KOTTURU POLICE STATION, KOTTURU,
                           VIJAYANAGARA DISTRICT,
        Digitally
                           RPTD BY STATE PUBLIC PROSECUTOR,
        signed by J
        MAMATHA
                           HIGH COURT OF KARNATAKA
J
MAMATHA Date:              DHARWAD-580011.
        2023.07.10
        18:28:55
        +0530
                      2.   HULUGAPPA S/O LATE RAMAPPA,
                           AGED 42 YEARS,
                           R/O. KALAPUR VILLAGE, KOTTURU TALUK,
                           VIJAYANAGAR DISTRICT,
                           PIN CODE-583134.
                                                                     ...RESPONDENTS

                      (BY SRI. PRAVEEN UPPAR, HCGP FOR R1
                               R2 SERVED)
                                -2-
                                       NC: 2023:KHC-D:6812
                                       CRL.A No. 100238 of 2023




      THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A (2) OF
SC AND ST (POA) ACT, 1989 SEEKING TO GRANT AN ANTICIPATORY
BAIL TO THE APPELLANT WHO IS ACCUSED NO.19 IN SPL CASE
NO.225/2023 IN THE EVENT OF HIS ARREST, BY SETTING ASIDE
THE JUDGMENT AND ORDER DATED 20.04.2023, PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, BALLARI IN CRL.
MISC. NO.260/2023, ONLY WITH RESPECT TO THE APPELLANT IS
CONCERNED FOR OFFENCES PUNISHABLE U/S 143, 147, 148, 149,
448, 324, 354, 427, 504, 506 OF IPC., AND UNDER SECTION 3(1)(r),
3(1)(s), 3(w)-(ii) 3(2)(v-a) OF THE SC AND ST (PREVENTION OF
ATROCITIES) ACT, 1989, IN CRIME NO. 10/2023 REGISTERED BY
THE KOTTURU POLICE STATION, (CHARGE SHEET NO.29/2023, SPL.
CASE NO.225/2023, PENDING ON THE FILE OF THE I ADDITIONAL
DISTRICT AND SESSIONS JUDGE BALLARI.

     THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:

                            JUDGMENT

Appellant/accused No.19 feeling aggrieved by rejection of

Anticipatory Bail application filed under Section 438 of Cr.P.C.

on the file I Addl. District and Sessions Judge, Ballari in

Crl.Misc.No.260/2023, dated 20.4.2023, preferred this appeal.

2. Parties to the appeal are referred with their ranks as

assigned in the trial Court for the sake of convenience.

3. The factual matrix leading to the case of

prosecution can be stated in nutshell to the effect that on

28.1.2023 at 4.30 p.m. thousands of vehicle commuters staged

a rally in their motorcycles, cars etc., with kesari colour flag

embedded with the emblem of lord Shiva and were proceeding

NC: 2023:KHC-D:6812 CRL.A No. 100238 of 2023

towards Kottur town via Kalapur village cross. At that time,

some miscreants from the said rally entered Kalapur village

equipped with stones and clubs and started pelting stones and

caused damage to houses and vehicles. On account of pelting

stones, the daughter of complainant, who was sleeping in the

house sustained injuries on her both knees. On these

allegations made in the complaint, case was registered in

Kottur police station crime No.10/2023 for the offences

punishable under Sections 143, 147, 148, 149, 448, 324, 354,

427, 504, 506 of IPC and under Sections 3(1)(r), 3(1)(s),

3(w)(ii), 3(2)(v-a) of the SC and ST (Prevention of Atrocities)

Amendment Act (for short the Act). On the aforementioned

allegations made in the complaint, the investigating officer on

completion of investigation filed charge sheet.

4. The appellant has approached the trial Court for

grant of Anticipatory bail in Crl.Misc.No.26/2023 on the file of I

Addl. District and Sessions Judge, Ballari. The trial Court by its

order dated 20.4.2023 rejected the Anticipatory bail petition of

the present appellant and granted bail to other petitioners. The

same has been challenged by the appellant in the present

appeal.

NC: 2023:KHC-D:6812 CRL.A No. 100238 of 2023

5. Learned HCGP filed objections contending that there

are sufficient material evidence against the appellant. The trial

Court after recording the submission of the complainant and

being unsatisfied with overt act of appellant/accused No.19 has

rightly rejected the Anticipatory bail application of appellant.

There is legal bar in terms of Section 18 of the Act to maintain

Anticipatory bail petition filed in terms of Section 438 of Cr.P.C.

Therefore, prayed for dismissal of the appeal.

6. Heard the arguments of both sides.

7. On perusal of complaint allegations and documents

produced by learned counsel for appellant, it would go to show

that on 28.1.2023 at 4.30 p.m. thousands of vehicle

commuters staged a rally in their motorcycles, cars etc., with

kesari colour flag embedded with the emblem of lord Shiva and

were proceeding towards Kottur town via Kalapur village cross.

The said group started pelting stones and caused damage to

the vehicles and properties of villagers. Due to pelting of

stones, daughter of complainant suffered injuries. When group

of persons in rally started pelting stones, it is difficult to find

out who has pelted stones on the sleeping daughter of

NC: 2023:KHC-D:6812 CRL.A No. 100238 of 2023

complainant, which caused injuries to both legs, further

damage to the vehicle and door of the house of complainant.

Therefore, the trial Court by relying on the judgment of Honb'le

Apex Court in Prathvi Raj Chauhan V/s. Union of India and

others, reported in (2020) 4 SCC 727 has held that in the

absence of there being prima facie case, attracting penal action

in terms of Section 3(2)(v-a) of the SC and ST Act held that bar

contemplated under Section 18 of the Act will not come in the

way of considering Anticipatory bail petition filed by the present

appellant and others in Crl.Mis.No.260/2023. In fact, the

question of Section 3(2)(v-a) of the SC and ST would come into

play only when schedule offences are proved and the same has

to be considered while imposing sentence. The trial Court on

the basis of submission of complainant, who appeared in

response to notice that he has personally seen the

appellant/accused No.19 named M.Shivanna S/o Late

Karibasappa has dropped big size stone on the leg of his

daughter, damaged his auto rickshwa with stones and also

broken the front door of their house with stones and on

recording of such submission of the complainant, Anticipatory

bail application of appellant came to be rejected.

NC: 2023:KHC-D:6812 CRL.A No. 100238 of 2023

8. On going through the material produced by

appellant, further statement of complainant, wife of the

complainant and injured daughter, it would go to show that

they have generally stated, due to pelting of stones, the

daughter of complainant sustained injuries, so also the vehicle

and door of the house was damaged. Similarly 164 of Cr.P.C

statement of victim and sister of complainant is also on the

same line and they have never stated in their statement that

appellant/accused No.19 has dropped big size stone on the leg

of the daughter of complainant, due to which she sustained

injuries. There is no any material evidence to substantiate the

statement of injured complainant recorded by the trial Court as

observed in paragraph of 4 of it's order. Indisputably, FIR is

registered against unknown persons. Whether

appellant/accused No.19 is one amongst group members, who

pelted stones and caused damage to door of the house and

vehicle of the complainant, so also caused injuries to daughter

of the complainant, is a matter of trial. The apprehension of

the learned HCGP can be met by imposing proper conditions.

Consequently, proceed to pass the following:

NC: 2023:KHC-D:6812 CRL.A No. 100238 of 2023

ORDER

Appeal filed by appellant/accused No.19 is hereby

allowed.

The order of the trial Court on the file I Addl. District and

Sessions Judge, Ballari in Crl.Misc.No.260/2023, dated

20.4.2023, rejecting the Anticipatory bail petition of

appellant/accused No.19 is hereby set aside.

The appellant/accused No.19 in the event of his arrest, is

directed to be released on bail, on executing personal bond for

a sum of Rs.1,00,000/- with one surety for like-sum amount

subject to following conditions:

i) Appellant/accused No.19 shall appear before the trial Court on every date of hearing, unless otherwise exempted by the Court for valid reasons.

ii) Appellant/accused No.19 shall not leave the jurisdiction of the trial Court without prior permission of trial Court.

iii) Appellant/accused No.19 shall produce address proof document of himself and that of his surety.

NC: 2023:KHC-D:6812 CRL.A No. 100238 of 2023

iv) Appellant/accused No.19 shall

appear before the investigating officer, if called for the propose of investigation.

(Sd/-) JUDGE

VB