Sri. Basavaraju B R vs The State Of Karnataka
2023 Latest Caselaw 7210 Kant

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                                                             NC: 2023:KHC:37092
                                                         CRL.A No. 1797 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 11TH DAY OF OCTOBER, 2023

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                CRIMINAL APPEAL No. 1797 OF 2023
                      BETWEEN:

                      SRI BASAVARAJU B R
                      S/O LATE RAJAPPA
                      AGED ABOUT 30 YEARS
                      R/AT No. 9/10, 17TH CRIOSS
                      I D MAIN ROAD, MTS LAYOUT
                      KENGERI
                      BENGALURU - 560 060.                         ...APPELLANT

                      (BY SRI RAVI B NAIK, SENIOR COUNSEL FOR
                       SRI K B MONESH KUMAR, ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA
                      BY JNANABHARATHI P S
                      BENGALURU - 560 056.
                      (REP BY STATE SPECIAL
Digitally signed by   PUBLIC PROESECUTOR)
LAKSHMINARAYANA
MURTHY RAJASHRI       HIGH COURT OF KARNATAKA AT
Location: HIGH
COURT OF              BENGALURU.
KARNATAKA

                      2. SMT. DAKSHAYINI
                      D/O B SHIVAPRASAD
                      AGED 30 YEARS
                      No. 205, GAVIPURAM EXTENSION
                      HBCS, JNANABHARATHI
                      II STAGE, NAGADEVANAHLLI
                      BENGAURU - 560 056.                       ...RESPONDENTS

                      (BY SRI M DIVAKARA MADDUR, HCGP FOR R1
                       SRI RAVINDRA M V, ADVOCATE FOR R2)
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                                         NC: 2023:KHC:37092
                                    CRL.A No. 1797 of 2023




     THIS CRIMINAL APPEAL IS FILED U/S 14A(2) OF SC AND
ST (POA) ACT, PRAYING TO SET ASIDE THE ORDER PASSED BY
THE SPECIAL COURT LXX ADDITIONAL CITY CIVIL AND
SESSIONS JUDGE SPECIAL COURT (CCH-71) BENGALURU IN
CRL.MISC.No.9127/2023 AND ETC.,

     THIS APPEAL COMING ON FOR FINAL HEARING THIS
DAY, THE COURT DELIVERED THE FOLLOWING:


                       JUDGMENT

This appeal is filed by appellant - accused No.1

praying to set aside the order dated 29.09.2023 passed in

Crl.Misc. No. 9127/2023 by LXX Additional City Civil and

Sessions Judge, Bengaluru, whereunder the bail petition of

appellant - accused No.1 sought in respect of crime No.

299/2023 of Jnanabharathi Police Station for offence

punishable under Sections 420 and 506 of IPC and

Sections 3(1)(s) and 3(1)(r) of Schedule Caste Schedule

Tribe (Prevention of Atrocities) Act, (for short hereinafter

referred to as SC ST (POA) Act) came to be rejected.

2. Heard learned counsel for appellant - accused

No.1, learned counsel for respondent No.2 and learned

HCGP for respondent No.1 - State.

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3. Case of the prosecution is that respondent No.2

has filed a complaint stating that she has married the

appellant - accused No.1 on 30.01.2022 in Varasiddhi

Ganesha Temple, Kengeri, Bengaluru by exchanging

garlands in the absence of parents on either side. It is

stated that complainant and appellant - accused No.1

completed their B.E. in Mechanical Engineering in JSSIT

College and thereafter they persuaded their Master Degree

and completed in the year 2017. It is stated that appellant

- accused No.1 and complainant, along with their friends,

started construction company under the name of

Hawkweed Constructions Private Limited at Kengeri

Satellite Town. The marriage proposal was discussed with

the parents of appellant - accused No.1 who did not agree

as the complainant belongs to Schedule Caste - Adi

Karnataka and appellant - accused No.1 is from Lingayat

community. Therefore, they did not inform their parents

about their marriage. It is further stated in the complaint

that complainant has invested about Rs.50.00 lakhs by

way of DD/online/cash and Rs.30.00 lakhs out of Rs.50.00

NC: 2023:KHC:37092 CRL.A No. 1797 of 2023

lakhs is yet to be returned. It is stated that on 19.09.2022

the appellant - accused No.1 left the company and joined

the office of Deputy Commissioner, Ramanagara and the

complainant is looking after the affairs of the company.

Appellant - accused No.1 is now working in Nirmithi

Kendra of Ramanagara District since February, 2023. It is

stated that appellant - accused No.1 is deliberately

avoiding the phone calls of the complainant. It is stated

that on 06.07.2023 complainant, her parents along with

her maternal uncle approached the parents of appellant -

accused No.1 and urged them to consider the marriage

and it was not accepted by the parents of appellant -

accused No.1. Complainant, as she has married appellant

- accused No.1, approached the family Court in M.C. No.

4621/2023 seeking restitution of conjugal rights. It is

stated that on 07.08.2023 at about 01.53 pm, appellant -

accused No. 1 made whatsapp call to the complainant and

threatened to withdraw the matrimonial case and abused

her by taking her caste. Said complaint came to be

registered in crime No.299/2023 of Jnanabharathi Police

NC: 2023:KHC:37092 CRL.A No. 1797 of 2023

Station for the aforesaid offences. Appellant who is

arraigned as accused No.1 came to be arrested on

29.08.2023 and he is in judicial custody. Appellant -

accused No. 1 filed Crl.Misc.No. 9127/2023 seeking bail

and the same came to be rejected by impugned order.

4. Learned Senior counsel appearing for appellant -

accused No. 1 would contend that the provisions of

Sections 3(1)(s) and 3(1)(r) of SCST (POA) Act are not

attracted as there is no intentional insult or abuse by

appellant - accused No. 1 to the complainant. The

complainant and appellant - accused No. 1 are

collegemates and after completing their education they

started a construction company. Appellant - accused No.

1, after getting a job, resigned from the directorship of the

said company and joined service. The alleged abuse on

whatsapp call does not attracted offence under Section 3

of SCST (POA) Act as it is not in the view of public.

Appellant - accused No. 1 filed a complaint against

respondent No.2 which came to be registered in crime No.

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356/2023 of Kengeri Police Station for offence under

Sections 406, 420 and 465 of IPC and after 22 days of

registration of the case, respondent No.2 has filed a false

case against appellant - accused No. 1. Appellant -

accused No. 1 is in custody since 29.08.2023 and there is

no requisition seeking Police custody of appellant -

accused No. 1. Therefore, appellant - accused No. 1 is not

required for custodial interrogation. Allegation of cheating

and not returning the amount invested by the complainant

does not attract any offence as alleged. The offence

alleged against the appellant - accused No. 1 are not

punishable either with death or imprisonment for life.

Appellant - accused No. 1 is ready to cooperate with the

Police in the investigation. Without considering all these

aspects learned Special Judge has passed the impugned

order which requires interference of this Court. With this

he prayed to allow the appeal and grant bail to appellant -

accused No. 1.

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5. Per contra, learned HCGP would contend that the

trial Court considering the averments of the complaint and

other documents, pending investigation and threat to the

complainant has rightly rejected the bail petition of

appellant - accused No. 1. With this he prayed to dismiss

the appeal.

6. Learned counsel for respondent No. 2 would

contend that the photographs produced by him would

reveal that there is a relationship between the appellant -

accused No. 1 and respondent No. 2 - complainant. Father

of respondent No.2 has invested Rs.50.00 lakhs in the

company of appellant - accused No. 1 and respondent No.

2 and supported the appellant - accused No. 1. After

resigning from the directorship of the said company

appellant - accused No. 1 did not return the said

investment made by father of respondent No.2. Appellant

- accused No. 1 is now engaged with a lady for marriage

even though he had married respondent No. 2 and he is

cheating respondent No. 2. Appellant - accused No. 1

NC: 2023:KHC:37092 CRL.A No. 1797 of 2023

filed a false complaint against respondent No.2 to escape

from his liability and payment of money to respondent No.

2 and to lead family life with her. Investigation is in

progress and at this stage if appellant - accused No. 1 is

granted bail there is threat to respondent No.2 -

complainant. With this he prayed to dismiss the appeal.

7. Having heard learned counsel for appellant -

accused No. 1, learned HCGP for respondent No.1 - State

and learned counsel for respondent No.2 - complainant,

this Court has gone through the impugned order, FIR,

complaint and other documents.

8. It is not in dispute that the complainant and

appellant - accused No. 1 are classmates and after

completing their education they started a construction

company. Respondent No.2 has alleged that appellant -

accused No. 1 married her and inspite of that, he got

engaged with another lady and cheated the complainant.

Appellant - accused No. 1 disputes his marriage with

respondent No.2. Respondent No. 2 has filed a

NC: 2023:KHC:37092 CRL.A No. 1797 of 2023

matrimonial case before the family Court, Bengaluru, in

M.C. No. 4621/2023 seeking restitution of conjugal rights.

Whether this appellant - accused No. 1 married

respondent No.2 is a matter for consideration in the said

matrimonial case pending on the file of Principal Judge,

Bengaluru Rural District, Bengaluru. Prior to registration of

present case appellant - accused No. 1 has filed complaint

against respondent No.2 and on that basis case came to

be registered in crime No. 356/2023 of Kengeri Police

Station for offence punishable under Sections 406, 420

and 465 of IPC. In the said complaint appellant - accused

No. 1 has alleged that respondent No.2 did not pay him

Rs.50.00 lakhs, cheated him and filed a false case

contenting that she married him. Learned counsel for

appellant - accused No. 1 has contended that as a counter

to the said complaint respondent No.2 filed complaint

against this appellant - accused No. 1. Appellant -

accused No. 1 came to be arrested on 29.08.2023. The

Investigating Officer has not sought for Police custody of

appellant - accused No. 1 and the said fact shows that

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NC: 2023:KHC:37092 CRL.A No. 1797 of 2023

appellant - accused No. 1 is not required for custodial

interrogation. The offences alleged against appellant -

accused No. 1 are not punishable either with death or

imprisonment for life. Without considering all these

aspects learned Special Judge has passed the impugned

order which requires interference by this Court.

9. The appellant - accused No. 1 has made out

grounds for setting aside the impugned order and grant of

bail to him. In the result, the following;

ORDER

Appeal is allowed. The impugned order dated

29.09.2023 passed in Crl.Misc. No. 9127/2023 by LXX

Additional City Civil and Sessions Judge, Bengaluru, is set

aside. The appellant - accused No.1 is granted bail subject

to following conditions.

I. Appellant - accused No. 1 shall execute a personal

bond for a sum of Rs.1,00,000/- (Rupees One Lakh

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only) with one surety for the likesum to the

satisfaction of the trial Court.

II. Appellant - accused No. 1 shall cooperate with the

Investigating Officer in the investigation.

III. Appellant - accused No. 1 shall not threaten the

complainant and other prosecution witnesses.

IV. Appellant - accused No. 1 shall not tamper the

prosecution witness.

Sd/-

JUDGE

LRS