Karnataka High Court
Sri M R. Ankith Kumar vs State By Chikkamagaluru Town Police on 22 November, 2023
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2023:KHC:41998
CRL.A No. 1956 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 1956 OF 2023
BETWEEN:
SRI M. R. ANKITH KUMAR
S/O M. J. RAJESH KUMAR,
AGED ABOUT 21 YEARS,
PRIVATE EMPLOYEE,
R/AT BEHIND AIT GIRLS HOSTEL,
KALYANA NAGARA,
BYPASS ROAD,
CHIKKAMAGALURU - 577102.
...APPELLANT
(BY SRI. K S GANESHA.,ADVOCATE)
AND:
1. STATE BY CHIKKAMAGALURU
TOWN POLICE,
Digitally signed
REPRESENTED BY SPP,
by REKHA HIGH COURT OF KARNATAKA,
ANKAIAH
BENGALURU - 560 001.
Location: High
Court of
Karnataka 2. SRI. NAKULA,
S/O. VENKATESH,
AGED ABOUT 21 YEARS,
BUSINESSMAN,
NEAR WATER TANK,
KALYAN NAGARA, BYPASS ROAD,
CHIKKAMGALURU - 577 102.
...RESPONDENTS
(BY SMT. SOWMYA. R,HCGP FOR R1;
R2 SERVED, UNREPRESENTED)
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT, 2015
PRAYING TO SETTING ASIDE THE ORDER DATED 02.09.2023
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NC: 2023:KHC:41998
CRL.A No. 1956 of 2023
PASSED BY THE 1ST ADDL. SESSIONS AND SPECIAL JUDGE,
CHIKKAMAGALURU IN CRL.MISC.NO.631/2023 AND DIRECT THE 1ST
RESPONDENT TO RELEASE APPELLANT ON BAIL IN THE EVENT OF
HIS ARREST IN CR.NO.145/2023 REGISTERED IN CHIKKAMAGALURU
POLICE STATION, FOR THE OFFENCE P/U/S 3(2)(V) OF SC AND ST
(POA) AMENDMENT ACT, 2015 AND SEC. 307 OF IPC.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is preferred by the accused in crime
No.145/2023 of Chikkamagalur Police Station against the
order dated 02.09.2023 passed by the Court of I
Additional Sessions and Special Judge at Chikkamagalur in
Crl.Misc.No.631/2023, wherein his application filed under
Section 438 of Cr.P.C. has been dismissed.
2. Heard the learned counsel for appellant, learned
High Court Government Pleader and perused the material
on record.
3. Respondent No.2 / complainant is served but
unrepresented.
4. The complaint dated 15.08.2023 lodged by
respondent No.2 reveals that accused and the complainant
are friends. On 13.08.2023 at about 07:00 p.m., accused
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met the complainant and both of them had tea. At that
time, accused abused the complainant in filthy language in
connection with some previous incident and threatened
him with dire consequences. The complainant informed the
matter to his brother and father. On 14.08.2023 at about
07:15 p.m., when the complainant was returning on a
motor cycle, after finishing his work, the accused due to
previous enmity came in a Baleno car bearing registration
No.KA-03-MC-7615 and intentionally hit his vehicle against
the motor cycle of the complainant and once again took
his car in the reverse direction and again tried to hit the
complainant.
5. It is the case of the prosecution that accused
knowing that the complainant is a member of scheduled
Caste, tried to run him over with an intention to take away
his life.
6. The alleged incident took place on 14.08.2023 at
about 07:15 pm. The complaint is lodged on the next day
at about 02:15 p.m. In the complainant it is stated that,
one Mallaiah, complainant's uncle, shifted the complainant
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to Government N.G. hospital. The statement of the
complainant is recorded on the next day. It is stated that
after informing the matter to his father, the complaint was
lodged. As per the wound certificate, the alleged history is
mentioned as road traffic accident. Certain abrasions are
noticed in the wound certificate, which are stated to be
simple in nature.
7. At this stage, there is no material placed to show
that the accused knew the caste of the complainant or that
he committed the offence only for the reason that the
complainant belongs to a member of Scheduled Caste. FIR
is registered under Section 3(2)(v) of the SC/ST (POA)
Amendment Act 2015 and Section 307 of IPC. It cannot be
said that the accused had an intention to take away the
life of the complainant or he intentionally attempted to
cause injuries to the complainant. The said allegations
have to be established in due course.
8. The appellant is aged about 21 years. There are
no criminal antecedents against him. The apprehension of
the prosecution that the appellant may tamper with the
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prosecution witnesses and flee away from justice etc. may
be safeguarded by imposing conditions. In the facts and
circumstances, the relief sought by the appellant may be
granted by imposing conditions. Hence, the following:
ORDER
i) Appeal is allowed.
ii) Order dated 02.09.2023 passed by the Court of I
Additional Sessions and Special Judge at Chikkamagalur in
Crl.Misc.No.631/2023 is set aside. The appellant is ordered
to be released in the event of his arrest in
Crime.No.145/2023 of chikkamagalur town Police Station,
subject to following conditions:
a) Appellant shall appear before the I.O.
within a period of ten days.
b) He shall execute a bond in a sum of
Rs.50,000/- (Rupees Fifty Thousand Only) with
two sureties for the likesum.
c) He shall furnish proof of his
residential address and shall inform the
Investigation Officer/Court, if there is any
change in the address.
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d) He shall not tamper with the
prosecution witnesses either directly or
indirectly.
e) He shall not put any threat or
inducement to the complainant.
f) He shall mark his attendance before
the jurisdictional Police Station on every
Saturday between 10:00 am and 05:00 pm till
conclusion of the investigation.
g) He shall appear before the trial Court
on every date of hearing.
If any of the above conditions are violated the
prosecution or the complainant are at liberty to seek
cancellation of bail.
Sd/-
JUDGE
LDC
