Karnataka High Court
Yallappa vs The State Of Karnataka And Anr on 21 November, 2023
Author: K Natarajan
Bench: K Natarajan
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CRL.A No. 200274 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE K NATARAJAN
CRIMINAL APPEAL NO.200274 OF 2023 (U/S 14 (A))
BETWEEN:
YALLAPPA S/O GANGARM KSHTRI
AGE: 35 YEARS, OCC: COOLIE
R/O HIREMASALI, TALUK:INDI
DISTRICT: VIJAYAPUR-586104.
...APPELLANT
(BY SRI. MOINAKHTAR NADAF, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH PSI INDI RURAL POLICE STATION,
DISTRICT: VIJAYAPURA
REPRESENTED BY THE ADDITIONAL SPP
Digitally HIGH COURT OF KARNATAKA
signed by
KHAJAAMEEN KALABURAGI BENCH-585107.
L MALAGHAN
Location: High 2. SHASHIKUMAR S/O HANAMANT GUNNAPUR
Court Of
Karnataka AGE: 31 YEARS, OCC: COOLIE
R/O HIREMASALI, TALUK: INDI
DISTRICT: VIJAYAPUR-586209
...RESPONDENTS
(BY SMT.ANITA M. REDDY, HCGP FOR R1
SRI. MANJULA MUNAVALLI, ADVOCATE FOR R2)
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CRL.A No. 200274 of 2023
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14-A
OF SCHEDULED CASTE AND THE SCHEDULED TRIBES
(PREVENTION OF ATROCITIES ACT, 1989) PRAYING TO SET
ASIDE THE ORDER DATED 30.08.2023 IN CRL. MISC. NO.
1197/2023 PASSED BY THE II ADDL. DISTRICT AND SESSIONS
JUDGE, VIJAYAPUR AND TO GRANT THE REGULAR BAIL TO THE
APPELLANT IN INDI RURAL POLIE STATION, DIST: VIJAYAPURA
IN CRIME NO.93/2023 REGISTERED AGAINST THE APPELLANT
/ ACCUSED NO.1 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 341, 324, 326, 307, 504 AND 506 READ WITH
SECTION 34 OF INDIAN PENAL CODE AND 3 (1) (r)(s), 3 (2)
(va) OF SC/ST NEW ACT. 2015, WHICH IS PENDING BEFORE
THE II ADDL. DISTRICT AND SESSIONS JUDGE AND SPECIAL
JUDGE, VIJAYAPUR BY IMPOSING ANY CONDITIONS.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed by the appellant - accused No.1
under Section 14-A of Scheduled Caste and the Scheduled
Tribes (Prevention of Atrocities Act, 1989) (hereinafter
referred as 'Special Act'), for setting aside the order of
dismissal of bail application, by the Special Court in
Crl.Misc.No.1197/2023 dated 30.08.2023.
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02. Heard the arguments of the learned counsel for
the appellant, the learned High Court Government Pleader
for the respondent No.1 - State and the learned counsel
for the respondent No.2. The learned counsel for the
respondent No.2 has also files statement of objections
along with some documents.
03. The case of the prosecution is that on the
complaint of the respondent No.2 the police has registered
the FIR on 18.07.2023, wherein it is alleged by him that
on 14.07.2023 he has received information from one
Mahendra s/o Bhimshya that on the said day himself, his
father Hanamant and his uncle Udayakumar are all went
to a Dhaba for taking food, where the accused Nos.1 and 2
also came there and sat on their side table. The very said
supplier is said to be supplied the food, at that time the
accused persons picked up quarrel stating that why these
people who belongs to the SC/ST caste came to the Dhaba
for eating food and abused them in filthy language. This
appellant said to be assaulted the father of the
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complainant with Soda Bottle on the head and caused the
injuries and also assaulted the Udayakumar the uncle of
the complainant. Immediately, they have shifted to the
Sindagi Hospital and thereafter to Vijayapura Hospital.
When he came to know the said fact, he went to the
Hospital and thereafter the complaint came to be filed.
After registering the FIR, the police have arrested these
accused on 29.07.2023 and they were remanded to the
judicial custody. His bail petition came to be rejected.
Hence, the appellant is before this Court.
04. The learned counsel for the appellant has
contended that the appellant is in judicial custody for
almost 04 months. The investigation is already completed
and the charge-sheet has been filed. There is a delay of 04
days in lodging the complaint. The appellant is presently
suffering from some medical emergency and he required
to take treatment in the Hospital. Hence, prayed for
allowing the appeal.
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05. Per contra, the learned counsel for the
respondent No.2 seriously objected the appeal and
contended that the injured still under Coma. The offence
committed is heinous one as per Sections 307 and 326 of
IPC. The victim though discharged from the Hospital,
however he is under Coma. The offence is also Special Act
and under Sections 307 and 326 of IPC. The Trial Court
has also rejected the bail petition of the accused No.2.
Hence, prayed for rejecting the appeal.
06. The learned High Court Government Pleader
also objected for allowing the appeal.
07. Having heard the arguments of both the parties
and perused the records, the points that would arise for
my consideration are as under:-
"Whether the order of the Trial Court call
for any interference and the appellant is
entitle for bail.?"
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08. On perusal of the FIR and the complaint, it
reveals that of course the complainant is not the
eyewitness, but he is the son of the injured - Hanamanth.
The complaint came to be filed on 18.07.2023, where the
incident has taken place on 14.07.2023. There is a delay
of 04 days in lodging the complaint. The statement of
objections filed by the respondent No.2 and the medical
records reveals that the injured was sustained head injury
due to the assault made by this appellant with the Soda
Bottle on the head and he was undergone more than 02
surgeries, but he was not recovered and now he is in stage
of Coma. In support of the contention the learned counsel
for the respondent No.2 has produced the medical
certificate of the injured issued by the Vijayapura
Government Hospital, wherein it was mentioned that there
are various injuries sustained by the injured on the head
and while discharging the victim/injured he was in Coma.
It is stated that now the patient is in Coma. The injury
certificate was issued in the month of August - 2023 at
about 02 months back and present condition is also
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serious condition and the injured is still under Coma,
which reveals the offence alleged under Sections 307 and
326 of IPC, a prima-facie case is made out by the
prosecution.
09. Now, only the contention of the learned counsel
for the appellant that the appellant is suffering from some
element and there is some blood clot. Therefore, he is
entitled for bail. But on comparatively the injuries
sustained by the injured - Hanamant is very serious in
nature and he is almost become vegetable and in Coma
stage. The earlier photographs of the victim also produced,
wherein he was hale and healthy and looks very smart,
whereas, after the incident he become totally bedridden
and Coma stage and become vegetable and without
assistance of any other person, he cannot move and
attend the natures call.
10. Such being the case, I am of the view that even
on comparatively the medical requirement of the appellant
is better than the injured person. Such being the case, I
am of the view that merely he is having some documents
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where prior to the incident, he was taken some metrology
report, that itself is not a ground to grant bail to the
appellant. These documents are prior to the incident and
subsequent to that certificate, the appellant committed
offence. That apart the incident took place in the Dhaba
where the injured and other persons came for taking food,
for supplying the food this appellant being other caste
people objected for providing food them stating that they
are lower caste people, they should not come to the Dhaba
for taking food. That itself is following untouchable and
committed the heinous offence under the provision of
Special Act. Such being the case, this appellant is not
entitled for granting bail as prayed for. The order passed
by the Trial Court does not call for any interference.
Accordingly, I proceed to pass the following;
ORDER
The appeal filed by the appellant is hereby dismissed.
Sd/-
JUDGE
KJJ
CT:SI
