Karnataka High Court
Vijay S/O Shivaji Savant vs The State Of Karnataka on 30 May, 2023
Bench: Anil B Byabkj
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CRL.A No. 100170 of 2023
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE ANIL B KATTI
CRIMINAL APPEAL NO. 100170 OF 2023
BETWEEN:
VIJAY S/O SHIVAJI SAVANT
AGED ABOUT 52 YEARS, OCC. AUTO DRIVER,
R/O ANAND COLONY, MARATHIKOPPA
SIRSI, DIST: U.K - 581401
...PETITIONER
(BY SRI. S. G. KADADAKATTI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally BY P.S.I. SIRSI TOWN POLICE STATION
signed by J REPRESENTED BY ADDL. STATE PUBLIC PROSECUTOR
MAMATHA
J HIGH COURT OF KARNATAKA,
MAMATHA Date:
2023.06.01
10:33:31
DHARWAD-580011
+0530
2. JAGADISH S/O SRINIVAS PALEKAR
AGED ABOUT: 43 YEARS, OCC. AUTO DRIVER,
R/O AYYAPPA NAGAR, HUBBALLI ROAD,
SIRSI DIST: U.K - 581402
...RESPONDENTS
(BY SRI. PRAVEEN UPPAR, HCGP FOR R1, R2 SERVED)
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CRL.A No. 100170 of 2023
THIS CRIMINAL APPEAL IS FILED U/SEC. 14 A(2) OF
SC/ST ACT, 2015. SEEKING TO SET ASIDE THE ORDER
DATED 31.03.2023 IN CRIME NO. 19/2023 PASSED BY II ADDL
DISTRICT AND SESSIONS JUDGE, UTTARA KANNADA
KARWAR FOR THE OFFENCES PUNISHABLE U/S 323, 324,
307, 504, 506 IPC R/W SEC. 3(2)(va), 3(1)(r), 3(1)(s) SC/ST ACT,
2015 REGISTERED BY SIRSI TOWN P.S. AGAINST THE
APPELLANT AND ENLARGE THE APPELLANT ON BAIL FOR
THE ALLEGED OFFENCES PUNISHABLE U/S 323, 324, 307,
504, 506 IPC R/W SEC. 3(2)(va), 3(1)(r), 3(1)(s) OF SC/ST ACT,
2015 IN CRIME NO. 19/2023 DATED 09.03.2023.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appellant-accused feeling aggrieved by rejection of
Regular bail application filed under Section 439 of Cr.P.C. on the
file of II Addl. District and Sessions Judge, Uttar Kannada,
Karwar, in Sirsi Town Police station Crime No. 19/2013, dated
31.3.2023, preferred this appeal.
2. Parties to the appeal are referred with their ranks before
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 8.3.2023 near Shivaji
Chowk, Ashwath Katte Auto stand, complainant was talking with
auto driver-Nataraj Shivanand Karkekar. At that time, accused
started abusing Nataraj in filthy language stating that as to
CRL.A No. 100170 of 2023
what he is doing with complainant, who belongs to Chamagar
caste, further proceeded to assault Nagaraj by picking wooden
reap from his auto rickshaw over his head. However, he
escaped, but in the process Nataraj suffered injury over his
right eye. When complainant went to rescue Nataraj, accused
abused the complainant by taking his caste and assaulted by
means of wooden reap over his head and suffered injuries on
his little finger. Auto drivers in the stand by name Ram Murthi
and Yusuf pacified the quarrel. On these allegations made in the
complaint, case was registered in Sirsi Town Police Station
crime No. 19/2023 for the offences punishable under Sections
323, 324, 307, 504, 506 of IPC R/w. Section 3(2)(va), 3(1) (r),
3(1)(s) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2015.
4. The regular bail application filed by appellant-accused on
the file of II Addl. District and Session Judge, Uttar Kannada,
Karwar came to be rejected by order dated 31.3.2023.
5. In response to notice, learned HCGP has appeared for
respondent and filed objections contending that there are
sufficient material evidence against accused for the offences
CRL.A No. 100170 of 2023
alleged against him. The wound certificate of complainant would
go to show that he has suffered fracture over his left little
finger. If the accused is released on bail, he may abscond from
the process of law and tamper with the prosecution witnesses.
Therefore, prayed for dismissal of appeal.
6. Heard the arguments of both sides.
7. The alleged incident took place on 8.3.2023 while
complainant was talking with one Nataraj. The accused
questioned Nataraj for talking with complainant and abused him
in filthy language. Accused by picking up wooden reap from his
auto rickshaw assaulted on Nataraj due to which, he suffered
injury over his right eye. When complainant went to rescue
Nataraj from further assault, accused by means of same
wooden reap assaulted over the head and left hand little finger
of complainant.
8. On these allegations, complaint came to be filed on
9.3.2023 at 11.00 a.m. The investigating officer has arrested
the accused near Devikeri of Sirsi town on 9.3.2023, since then
he is in judicial custody. The Trial Court has rejected the bail
application of accused on the premise that investigation is not
CRL.A No. 100170 of 2023
completed and offence under Section 307 of IPC is serious in
nature.
9. The learned counsel for the appellant files memo with
copy of charge sheet. On perusal of the same, it would go to
show that investigating officer on completion of investigation
has already filed charge sheet and the same is registered in
Spl.Case No.48/2023 on the file of the Trial Court.
10. The wound certificate of Nataraj Karakekar would go to
show that he has suffered cut lacerated wound on right eye. The
said injury is opined to be simple in nature. The wound
certificate of complainant-Jagadish Srinivas Palankar would go
to show that he has suffered three cut lacerated injuries over
left parietal region and over left hand little finger was found to
be deformed. Therefore, he was referred to higher centre. The
complainant was treated in TSS Hospital, Sirsi and reported to
have suffered compound fracture of middle phalanx. Injury No.1
is opined to be simple in nature and injury No.2 is grievous in
nature. Whether complainant and Nataraj Karakekar suffered
injuries as found in the above referred wound certificate, due to
the overt act of accused in assaulting them by means of wooden
CRL.A No. 100170 of 2023
reap, is matter of trial. Accused was arrested on 9.3.2023, since
then he is in judicial custody. Investigation in this case is
already completed and detention of accused in judicial custody
during the trial in the given set of facts and circumstances of
the case is totally unwarranted. Hence, in my opinion, accused
is entitled for bail. Consequently, proceed to pass the following:
ORDER
Appeal filed by appellant/accused is hereby allowed.
The order passed by II Addl. District and Sessions Judge,
Uttar Kannada, Karwar in Sirsi Town Police station Crime No.
19/2013, dated 31.3.2023 is hereby set aside.
Appellant/accused is ordered to be released on bail
subject to following conditions:
i) Appellant/accused shall execute personal bond and
surety bond for a sum of Rs.50,000/- with one
surety for the like amount to the satisfaction of the
trial Court,
ii) Appellant/accused shall produce address proof
document of himself and that of his surety subject
to police verification,
CRL.A No. 100170 of 2023
iii) Appellant/accused shall not leave the jurisdiction of
the trial Court without its prior permission,
iv) Appellant/accused shall not tamper with the
prosecution witnesses in any manner,
v) Appellant/accused shall appear before the Court on
every date of hearing before the trial Court, unless
otherwise exempted for valid reasons.
(Sd/-)
JUDGE
VB
