Karnataka High Court
Karthik @ Nithesh J.A vs The State Of Karnataka on 16 March, 2023
Bench: Mohammad Nawaz
-1-
CRL.A No. 288 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 288 OF 2023
BETWEEN:
KARTHIK @ NITHESH J.A.
S/O ANJANA MURTHY N
AGED ABOUT 19 YEARS,
R/AT NO.66,
JYOTHIPURA VILLAGE
MADURA POST,
Digitally
BIDARAHALLI HOBLI,
signed by BENGALURU EAST TALUK
GAYATHRI P BENGALURU-560049
G
Location: ...APPELLANT
High Court
of Karnataka
(BY SRI. TIGADI VEERANNA GADIGEPPA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY AVALAHALLI P.S.
REP BY PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560001.
2. SHASHI P
D/O PATALAPPA
AGED ABOUT 27 YEARS,
R/AT JYOTHIPURA VILLAGE
MADURA POST,
BIDARAHALLI HOBLI,
BENGALURU EAST TALUK
BENGALURU-560049
...RESPONDENTS
(BY SRI.K.NAGESHWARAPPA HCGP FOR R-1/STATE;
SRI.VINOD KUMAR, ADVOCATE FOR R-2)
-2-
CRL.A No. 288 of 2023
CRL.A. FILED U/S.14(A) (2) OF SC/ST (POA) ACT, 2015
BY THE ADVOCATE FOR THE APPELLANT/S PRAYING THAT THIS
HONBLE COURT MAY BE PLEASED TO ENLARGE THE APPELLANT
ON ANTICIPATORY BAIL IN CR.NO.27/2023 OF AVALAHALLI
P.S., FOR THE ALLEGED OFFENCE P/U/S 354A OF IPC AND
SEC.3(1)(r)(s) OF SC/ST (POA) ACT AND SEC.3(1)(R)(s) OF
IPC AND SEC.354-A OF IPC IN THEIR CR.NO.27/2023 PENDING
ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS
COURT, BANGALORE RURAL DISTRICT, BANGALORE.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred under Section 14(A)(2) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, (for short 'the SC/ST Act',) praying
to set aside the order dated 06.02.2023, passed by the II
Additional District & Sessions Judge & Special Judge,
Bengaluru Rural District, Bengaluru in
Crl.Misc.No.171/2023, rejecting the prayer of the
appellant for anticipatory bail in connection with a case
registered in Crime No.27/2023 of Avalahalli Police
Station, registered for the offence punishable under
Section 3(1)(r)(s) of SC/ST (POA) amendment ordinance
2014 and Section 354(A) of IPC.
CRL.A No. 288 of 2023
2. In the complaint lodged by one Shashi P, it is
alleged that the appellant/accused who is her neighbor
used to stare at her and behave in an indecent manner by
showing his middle finger to her. On 20.11.2022, while
her brother-in-law was taking her to drop at the bus stop,
he once again showed his middle finger and the same was
video recorded by her.
3. The complaint is lodged on 19.01.2023. The
learned counsel appearing for respondent
No.2/complainant has contended that, though the
complainant approached the jurisdictional police to
address her grievance, the police were reluctant to
register a case and finally complaint has been taken by the
police and case is registered and therefore, there is some
delay. He contends that there is a civil dispute between
the parties and in view of the said dispute, the
complainant and her family members are being threatened
by the accused and his family and there is a threat to their
life. He therefore, seeks to reject the appeal.
CRL.A No. 288 of 2023
4. The learned High Court Government Pleader for
respondent No.1/State contends that the complainant
belongs to scheduled caste. The offence alleged is under
Section 354-A of IPC as well as under the provision of
SC/ST (POA) Act, 1989 and therefore the appellant is not
entitled for the relief of anticipatory bail. He contends that
the learned Sessions Judge has rightly rejected the prayer
seeking anticipatory bail, after considering the prima facie
materials against the appellant.
5. The learned Sessions Judge while rejecting the
petition has observed that the act attributed to the
appellant is very serious and nasty. The video and the
photographs clearly shows that the accused has stared at
the first informant and making odious signs towards her
which are sexual in nature and it is a clear harassment to
the first informant. It is further observed that there is
prima facie material for commission of offence under the
special Act and therefore it is not a fit case to admit the
appellant on bail.
CRL.A No. 288 of 2023
6. Admittedly, there is a civil dispute between the
parties. The learned counsel for appellant submits that
the complainant's mother has filed a civil suit in
O.S.No.811/2022 before the Principal Civil Judge,
Bengaluru Rural District, Bengaluru, in respect of the suit
schedule property with regard to which there is some
dispute. A careful perusal of the complaint averments
does not indicate that the offence was committed only on
the ground that, the complainant belong to a member of
scheduled caste. The allegations are that appellant used
to show his middle finger to the complainant and the said
gesture was with an intention to outrage the modesty of
the complainant and it is sexual in nature.
7. The appellant is aged about 19 years and he is
said to be a student. It is submitted by the learned
counsel for the appellant that the examination of the
appellant has been fixed to be held from 20.03.2023.
Considering the nature of allegations, it cannot be said
that there is a prima facie case against the appellant for
CRL.A No. 288 of 2023
having committed an offence under the provisions of
SC/ST Act. Hence, the bar created under Section 18 and
18-A of the said Act will not come in the way of granting
relief to the appellant.
8. Keeping in view of the submissions of the
learned counsel for respondent No.2, by imposing
necessary conditions, relief sought by the appellant can be
granted. Accordingly, the following:
ORDER
Appeal is allowed.
The order dated 06.02.2023 passed in
Crl.Misc.No.171/2023 by the Court of II Additional District
& Sessions Judge & Special Judge, Bengaluru Rural
District, Bengaluru is hereby set aside. The
appellant/accused shall be released in the event of his
arrest in Crime No.27/2023 of Avalahalli Police Station,
subject to following conditions:
i) He shall appear before the
Investigation Officer within a period of one
CRL.A No. 288 of 2023
week from the date of receipt of a copy of this
order and shall execute a bond in a sum of
Rs.1,00,000/- (Rupees One Lakh Only) with
one surety for likesum;
ii) He shall furnish his address proof
and shall inform the Investigation Officer, if
there is any change in the address;
iii) He shall make himself available for
the purpose of investigation whenever
required;
iv) He shall not leave the jurisdiction of
the trial Court till conclusion of the
investigation;
v) He shall not indulge in threatening
or tampering the prosecution witnesses in any
manner;
vi) He shall not put any inducement or
threat to the victim either directly or indirectly;
vii) He shall be regular in attending the
Court proceedings.
CRL.A No. 288 of 2023
If any of the above conditions are violated, the victim
or the prosecution are at liberty to seek for cancellation of
bail.
Sd/-
JUDGE
GPG
