Karnataka High Court
Mahesh Marbasappa Hoskoppa vs The State Of Karnataka on 28 June, 2023
Bench: Anil B Katti
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NC: 2023:KHC-D:6428
CRL.A No. 100270 of 2023
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 28TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL APPEAL NO. 100270 OF 2023
BETWEEN:
1. MAHESH MARBASAPPA HOSKOPPA,
AGE. 55 YEARS, OCC. AGRICULTURE,
R/O. PALA, TALUK. MUNDGOD-581349
DIST. UTTARA KANNADA.
2. UMESH SHANKARGOUDA PATIL,
AGE. 35 YEARS, OCC. AGRICULTURE,
R/O. PALA, TALUK. MUNDGOD-581349
DIST. UTTARA KANNADA.
3. NITISH JAGADISH HOSKOPPA,
AGE. 23 YEARS, OCC. AGRICULTURE,
R/O. PALA, TALUK. MUNDGOD-581349
DIST. UTTARA KANNADA
4. SHAMBANNA MALAPPA POOJAR,
Digitally signed by
AGE. 45 YEARS, OCC. AGRICULTURE,
CHANDRASHEKAR
CHANDRASHEKAR
LAXMAN
LAXMAN
KATTIMANI
R/O. PALA, TALUK. MUNDGOD-581349
KATTIMANI
Date: 2023.07.01
10:31:51 -0700 DIST. UTTARA KANNADA.
...APPELLANTS
(BY SRI. S.B. DODDAGOUDAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
(BY MUNDGOD POLICE STATION, MUNDGOD),
REP. BY SPP, HIGH COURT BUILDING,
DHARWAD-580008
-2-
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CRL.A No. 100270 of 2023
2. MARUTI S/O. MANJAPPA KURIYAVAR,
AGE. 26 YEARS, OCC. FARMER,
R/O. PALA, TALUK. MUNDGOD-581349
DIST. UTTARA KANNADA
...RESPONDENTS
(BY SRI. PRAVEEN UPPAR, HCGP)
THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF SC/SC
ACT SEEKING TO ENLARGE THE PETITIONERS/ACCUSED NO. 1, 4, 6
AND 9 ON REGULAR BAIL MUNDAGOD P.S. CRIME NO. 60/2023 AND
SET ASIDE THE ORDER DATED 03.06.2023 PASSED BY 2ND ADDL.
DISTRICT AND SESSIONS JUDGE U.K. KARWAR IN MUNDGOD PS
CRME NO. 60/2023 FOR THE OFFENCES P/U/SEC. 143, 147, 323,
324, 307, 504 AND 506 R/W SEC. 149 OF IPC AND SECTION
3(2)(5a) OF THE SC AND ST (PREVENTION OF ATROCITIES)
AMENDMENT ORDINANCE, 2014, PENDING ON THE FILE OF II ADDL.
DISTRICT AND SESSIONS JUDGE UTTARA KANNADA KARWAR ON
SUCH TERMS AND CONDITIONS .
THIS CRIMINAL APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The appellants/accused Nos.1, 4, 6 and 9 feeling
aggrieved by order passed by the trial Court on the file of II
Addl. District and Sessions Judge, Uttar Kannada, Karwar in
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CRL.A No. 100270 of 2023
Mundagod Police Station Crime No.60/2023, dated 3.6.2023,
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. Learned HCGP for respondent No.1 filed objections
resisting grant of bail to appellants/accused Nos.1, 4, 6 and 9
4. Heard the arguments of both sides.
5. On the strength of complaint filed by Maruthi Manjappa
Kuriyavar criminal law was set into motion by registering case
in Mundagod Police Station Crime No.60/2023 for the offences
punishable under Sections 143, 147, 323, 324, 307, 504 and
506 R/w. Section 149 of I.P.C. and Section 3(2)(5a) of
Schedule caste and Schedule Tribes (Prevention of Atrocities)
Amendment Ordinance, 2014.
6. The accused Nos.1, 4, 6 and 9 were arrested on
29.5.2023 and since then they are in judicial custody. They
have also moved bail application before the trial Court and the
trial Court on hearing both sides rejected the bail application by
order dated 3.6.2023.
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CRL.A No. 100270 of 2023
7. Learned counsel for appellants argued that appellant No.1
filed complaint against respondent No.2 and others and case is
registered in Mundagod Police Station Crime No.56/2023 for
the offences punishable under Sections 143, 147, 323, 326,
307, 504 and 506 R/w. Section 149 of I.P.C. The accused in the
said case have been already released on bail. The injured in the
present case has been discharged from the hospital and
allegations made in the complaint are motivated to falsely
implicate the appellants/accused Nos.1, 4, 6 and 9 in this case.
8. Per contra, learned HCGP has argued that there is
sufficient material evidence on record and mere filing of
counter case against respondent No.2 and others by appellant
No.1 itself cannot be a ground to grant bail.
9. On perusal of the complaint allegations, it would go to
show that incident in question took place on 9.5.2023 at 10.00
p.m. The altercation took place between the accused and
complainant. Accused Nos. 3, 4, 5 and 6 started assaulting
Ganapthi Yellppa Gangenavar, Manjunath and Yellappa by
means of club and complainant was assaulted by means of iron
rod. Due to which, they sustained injuries. The accused have
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CRL.A No. 100270 of 2023
also abused the complainant in filthy language by taking his
caste. Due to injuries sustained by complainant and others they
were shifted to hospital for treatment. On these allegations
made in the complaint, case was registered in Mundagod Police
Station Crime No.60/2023 for the aforesaid offences.
10. The trial Court has rejected the bail application on the
ground that investigation is not yet completed; medical report
is not yet received; the statement under Section 164 of Cr.P.C.
is yet to be recorded and also offences are non bailable.
11. Learned HCGP along with objections field copies of
wound certificates. The wound certificate of Ganapthi Yellappa
Gangennavar would go to show that there was no any
complaint and no visible sign of injuries. The wound certificate
of Manjunath Hosmani would go to show that he has suffered
wound over left parieto temporal region. The wound certificate
of Yellappa M Kiryavar would go to show that there was no any
complaint and no visible sign of injuries. The suture wound
suffered by Manjunath B Hosmani is opinioned to be simple in
nature. It means that there is no any danger to the life of
injured witnesses and they have been discharged from the
hospital on the same day.
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12. The offence under Section 3(2)(5a) of Schedule caste
and Schedule Tribes (Prevention of Atrocities) Amendment
Ordinance, 2014 will come into play only when schedule offence
is proved by the prosecution. The said proviso has no
independent penal action.
13. Learned counsel for appellants filed copy of the
complaint filed by appellant No.1 on 11.5.2023 against
respondent No.2 and others, registered in Mundagod police
station Crime No.56/2023 for the aforesaid offences. The said
complaint filed by appellant No.1 is earlier in point of time and
whereas complaint filed by Maruthi M Kuriyavar in the present
case is filed subsequently, which came to be registered in
Mudagod police station 60/2023. Learned counsel for
appellants/accused Nos. 1, 4, 6 and 9 has filed copy of order
passed by I Addl. District and Sessions Judge, Karwar Sitting at
Sirsi in Crl.Misc.No.5098/2023, dated 6.6.2023, wherein
accused Nos.1 to 7 named in FIR, on the complaint filed by
appellant No.1 have been already released on bail.
Indisputably, both the cases are arising out of same incident. In
view of the fact that injured have been already discharged from
the hospital, respondent No.2 and others have been already
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granted bail in the counter case, appellants/accused Nos. 1, 4,
6 and 9 are also entitled for benefit of bail. Consequently,
proceed to pass the following:
ORDER
Appeal filed by appellants/accused Nos. 1, 4, 6 and 9 is
hereby allowed.
The order passed by trial Court on the file of II Addl.
District and Sessions Judge, Uttar Kannada, Karwar in
Mundagod Police Station Crime No.60/2023, dated 3.6.2023 is
hereby set aside.
Appellants/accused Nos. 1, 4, 6 and 9 are ordered to be
released on bail on their executing personal bond and surety
bond for Rs.1,00,000/- each with one surety for likesum to the
satisfaction of trail Court subject to following conditions:
i) Appellants/accused Nos.1, 4, 6 and 9 shall not leave
jurisdiction of the trial Court without its prior permission.
ii) Appellants/accused Nos. 1, 4, 6 and 9 shall appear
before the trial Court on every date of hearing unless
otherwise exempted for valid reasons.
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iii) Appellants/accused Nos. 1, 4, 6 and 9 shall not tamper
with the prosecution witnesses in any manner.
(Sd/-)
JUDGE
VB
