Karnataka High Court
Bhaskar Reddy vs The State Of Karnataka on 21 November, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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CRL.A No. 1983 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 1983 OF 2023
BETWEEN:
1. BHASKAR REDDY,
S/O LATE SRINIVASAREDDY
AGED ABOUT 38 YEARS,
R/AT GANDRAGANAHALLI VILLAGE,
MURUGAMALLA POST,
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT-563 125.
...APPELLANT
(BY SRI. SRINATHA B.V., ADVOCATE FOR
SRI. MADHU R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY KECHARLAHALLI POLICE STATION
Digitally KENCHARLAHALLI
signed by CHINTAMANI TALUK
SUMITHRA R CHIKKABALLAPURA
REPRESENTED BY
Location:
High Court of STATE PUBLIC PROSECUTOR
Karnataka BENGALURU-560 001.
2. K SRINATH
S/O LATE KADIRAPPA
AGED ABOUT 40 YEARS,
R/AT GANDRAGANAHALLI VILLAGE,
MURUGAMALLA POST,
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT-563 125.
...RESPONDENTS
(BY SMT. SOWMYA R., HCGP FOR R1; R2-SERVED)
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CRL.A No. 1983 of 2023
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO SET ASIDE THE JUDGMENT ORDER DATED
12.10.2023 IN CRL.MISC.NO.652/2023 PASSED BY THE COURT
OF I ADDL. DISTRICT AND SESSIONS JUDGE AT
CHIKKABALLAPURA IN CR.NO.128/2023 OF KENCHARLAHALLI
POLICE STATION HAVE REGISTERED, FOR OFFENCE P/U/S 323,
504, 506, 34 OF IPC AND SEC. 3(1)(r) AND 3(1)(s) OF SC/ST
(POA) AMENDMENT ACT, WHICH IS PENDING ON THE FILE OF
THE ADDL. DISTRICT AND SESSIONS JUDGE AT
CHIKKABALLAPURA DISTRICT.
THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred against the order dated
11.10.2023 passed by the Court of I Additional District and
Sessions Judge at Chikkaballapura in
Crl.Misc.No.652/2023, wherein the learned Sessions Judge
has rejected the application filed by the appellant under
Section 438 of Cr.P.C. seeking anticipatory bail.
2. I have heard the learned counsel for appellant
and learned High Court Government Pleader for
respondent/State and perused the material on record.
3. Respondent No.2/defacto complaint is served
but unrepresented.
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4. Crime No.128/2023 of Kencharlahalli Police
Station is registered against the appellant/accused Nos.1
and 2 others, on a complaint lodged by Srinath
K/respondent No.2 for the offence punishable under
Section 323, 504, 506 r/w 34 of IPC and Section 3(1)(r)
and 3(1)(s) of SC/ST (POA) Amendment Act, 2015. The
complaint averments reveal that in the year 2018-19 there
was a road formed from Madanapalli Main Road to
Murugumalla Village. It is alleged that on 24.09.2023 at
about 6.00 p.m., the appellant herein, an advocate by
profession had caused damaged to the said road using a
J.C.B., and in this connection the villagers had complained
to the P.M.J.S.Y officials. On 25.09.2023 at about 12.00
noon, the Police and the officials called the appellant and
told him to repair the road, but he refused. The
complainant, a member of Gram Panchayat along with
others went and questioned the appellant as to why he
has caused damage to the road. At that time, the
appellant is alleged to have abused him in filthy language
referring to his caste. Accused Nos.2 and 3 are alleged to
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have assaulted the complainant and kicked him and then
all of them threatened him with dire consequences etc.
5. It is brought to the notice of the Court by the
learned counsel for the appellant that in respect of the
incident which took place on 25.09.2023 at around 12.00
p.m., the appellant herein has also lodged a complaint
which is registered in Crime No.129/2023 against one
Sriram Reddy and two others for offences punishable
under Section 120B, 323, 307, 504, 506 r/w 34 of IPC. It
is contended that the appellant herein has filed a suit in
O.S.No.294/2022 against the Zilla Panchayat and others
seeking permanent injunction in respect of a land
measuring 3 acres 11 guntas situated in Survey No.60/3
and 60/6 of Gandraganahalli Village, Murugumalla Hobli,
Chintamani Taluk. He contends that due to civil dispute,
the appellant and others are falsely implicated in this case.
6. I have perused the contents of the FIR in Crime
No.129/2023 of Kencharlahalli Police Station, registered on
a complaint lodged by the appellant herein. It is averred
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therein that there was a road formed under P.M.J.S.Y
Scheme about three years prior in land bearing Survey
No.60/3, and since the formation of the said road was in
the land of the appellant, he gave several applications, but
no action was taken. Hence, he filed a suit. On
25.09.2023 at about 12.30 p.m., the Villagers and the
Officials came to the spot and asked him to give the
documents pertaining to the land. At that time, the Ex-
members of the Zilla Panchayat dragged and assaulted
him etc.
7. The learned counsel for the appellant has
furnished a copy of the MLC, wherein it is seen that the
appellant herein was examined by the Doctor at 2.05
p.m., on 25.09.2023 and he was referred to a higher
centre. The present complaint against the appellant was
lodged at about 6.30 p.m., on 25.09.2023. A perusal of
the complaint averments does not indicate that the
abusive words alleged to have been used by the appellant
herein is on the ground that the complainant belong to
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scheduled caste or scheduled tribe. Hence, it cannot be
said at this stage that the ingredients of the offences
under the SC/ST Act are made out or that there is a prima
facie case against the appellant for having committed an
offence under the SC/ST Act, so as to decline the relief of
anticipatory bail.
8. The learned counsel for appellant submits that
the criminal proceedings have been stayed by this Court in
respect of accused Nos.2 and 3, in criminal petition
No.11153/2023.
9. In the above facts and circumstances, the
appellant has made out sufficient grounds for allowing the
appeal and to enlarge him on anticipatory bail. The
apprehension of the prosecution can be taken care of by
imposing suitable conditions. Hence, the following:
ORDER
Appeal is allowed.
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The order dated 11.10.2023 passed by the I-
Additional District and Sessions Judge at Chikkaballapura
in Criminal Misc No.652/2023 is set aside.
The appellant/accused No.1 in Crime No.128/2023 of
Kencharlahalli Police Station shall be released in the event
of his arrest, subject to following conditions:
i. The appellant shall appear before the
I.O., within a period of 10 days from
the date of receipt of this order and he
shall execute a personal bond for a sum
of Rs.1,00,000/- (Rupees One Lakh
only) with one surety for the like-sum.
ii. He shall furnish proof of his current
residential address and shall inform the
Court if there is any change in the
address.
iii. He shall not tamper with the
prosecution witnesses either directly or
indirectly.
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iv. He shall be available for investigation
as and when called for and shall
cooperate with the investigation.
v. He shall appear before the trial court
on all dates of hearing without fail.
Sd/-
JUDGE
HB
