Karnataka High Court

Gandhi vs State By Vemgal P S on 7 September, 2023

Bench: Shivashankar Amarannavar

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                                                              NC: 2023:KHC:32184
                                                         CRL.A No. 1442 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 7TH DAY OF SEPTEMBER, 2023

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL NO. 1442 OF 2023

                      BETWEEN:

                      GANDHI
                      S/O CHIKKA PAPANNA
                      AGED ABOUT 27 YEARS
                      RESIDING AT H-CROSS
                      SHIDLAGHATTA TALUK
                      CHIKKABALLAPURA DISTRICT - 563 128.
                                                                    ...APPELLANT
                      (BY SRI. MANJUNATHA. G., ADVOCATE)

                      AND:

                      1.    STATE BY VEMGAL P. S
                            KOLAR DISTRICT - 563 128
                            REPRESENTED BY LEARNED SPP
                            HIGH COURT OF KARNATAKA
                            BANGALORE - 560 001.
Digitally signed by
LAKSHMINARAYANA
MURTHY RAJASHRI       2.    MANJUNATH. K
Location: HIGH
COURT OF                    S/O KUMAR
KARNATAKA
                            AGED ABOUT 19 YEARS
                            RESIDING AT TAI AGUNDA VILLAGE
                            KOLAR TALUK
                            KOLAR DISTRICT - 563 101.

                                                                 ...RESPONDENTS
                      (BY SRI. RANGASWAMY. R., HCGP FOR R1;
                       R2 SERVED AND UNREPRESENTED)
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                                           NC: 2023:KHC:32184
                                       CRL.A No. 1442 of 2023




     THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 03.07.2023
PASSED BY THE II ADDITIONAL DISTRICT AND SESSIONS
JUDGE, KOLAR IN CRL.MISC.NO.488/2023 AND ALLOW THE
ABOVE APPEAL AND PLEASED TO GRANT A ANTICIPATORY BAIL
OF THE APPELLANT IN CR.NO.128/2023 OF VEMAGAL POLICE
STATION FOR THE OFFENCE P/U/S 143, 147, 323, 324, 363,
504, 506 R/W 149 OF IPC AND SECTION 3(1)(r), 3(1)(s) OF
SC/ST (POA) ACT WHICH IS NOW PENDING ON THE FILE OF II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, KOLAR IN
CR.NO.128/2023.

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


                         JUDGMENT

1. This appeal is filed by the appellant/accused

No.1 challenging the order passed in Crl.Misc.No.488/2023

dated 03.07.2023 by II Additional District and Sessions

Judge, Kolar, where under anticipatory bail petition filed

by appellant/accused No.1 in respect of Crime

No.128/2023 registered for offences punishable under

sections 143, 147, 363, 323, 324, 504 and 506 of IPC,

section 3(1)(r) and 3(1)(s) of Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, came to be

rejected.

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2. Heard learned counsel for the

appellant/accused No.1 and learned HCGP for respondent

No.1. In-spite of service of notice, respondent No.2

remained absent and unrepresented.

3. The case of the prosecution is that, as the

complainant pacified the quarrel which took place between

two groups on 19.05.2023, on 20.05.2023 at about 11:30

am., when the complainant was going on his two wheeler,

at that time, a car came from Vemagal side and stopped in

front of the two wheeler and accused Nos.1 to 3 and

another came and accused No.s.1 and 2 assaulted him on

his face with fist and he sustained bleeding injuries on his

left eye-brow and they snatched two wheeler key and

made him to sit in the car and took him in the car towards

Ammanallur and when he was in the car in between

accused Nos.2 and 3, accused No.3 was assaulting him

with hands. At that time, accused No.1 made a phone call

and called four boys and accused No.1 asked him that he

has become so big to pacify the quarrel and assaulted him

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with the club on the head and he sustained bleeding

injuries. They removed his cloths. Accused No.3 assaulted

him with stick and bar in his hand, accused No.2 assaulted

him with hand on his body and at that time, four boys who

came there were holding hockey stick, four long choppers,

one knife and at that time, accused No.3 and 1 among

four boys assaulted with the long choppers from its back

side on his knees, left and right hands and back. Accused

Nos.1 and 3 and another boy assaulted him with hockey

sticks and caused injuries on his nose and thereafter, put

him his knicker and they also recorded the incident and

they all abused him touching his caste and they

threatened him to finish him, if he files a complaint and

thereafter, one of them gave him Rs.100/- and he boarded

the bus and secured his brother and went on his two

wheeler to the hospital and after treatment, filed a

complaint.

4. The appellant, who has been arrayed as the

accused No.1 in FIR, filed a petition seeking anticipatory

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bail and the same came to be rejected by impugned order

which is challenged in this appeal.

5. The learned counsel for the appellant/accused

No.1 would content that this appellant/accused No.1

belongs to Scheduled Caste and therefore the provision of

section 3(1)(r) and 3(1)(s) of Scheduled Castes and the

Scheduled Tribes (Prevention of Atrocities) Act, is not

attracted against him. The other allegations against

appellant/accused No.1 are that, he assaulted with hands.

The offences alleged are not punishable with death or

imprisonment for life. The accused No.2 who is similarly

placed with that of the appellant/accused No.1 has been

granted bail by this court in CAL.A.No.1172/2023,

therefore this appellant/accused No.1 is also entitled for

grant of bail on the ground of parity. Without considering

these aspects, the learned Special Judge has passed the

impugned order which requires interference by this court.

With this, he prayed to allow the appeal and grant

anticipatory bail to the appellant/accused No.1.

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6. Per contra, learned HCGP would contend that

the averments of the complaint will show that there is a

specific over-act against appellant/accused No.1 of

assaulting the complainant with fist on his face and

causing injuries on his eye brow. The wound certificate

reveals that the complainant sustained four injuries and

they are all simple in nature. There are criminal

antecedents of this appellant/accused No.1. Considering

all these aspects the learned Special Judge has rejected

petition. With these he prayed to dismiss the appeal.

7. Having heard learned counsel for

appellant/accused No.1 and learned HCGP, the court has

perused impugned order, the averments of the complaint

and the wound certificate.

8. As per the averments of the complaint, it is

alleged that accused No.1 to 3 and another kidnapped the

complainant in a car and accused No.1 and 2 assaulted the

him with fist on his face and accused No.3 assaulted the

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complainant with hand in the car and four persons came at

the instance of accused No.1, among them one assaulted

him with back side of the long and caused injuries on his

knees and hands and all of them abused him taking his

caste name and threatened him not to file the complaint.

The appellant/accused No.1 also belongs to SC/ST and

therefore the provisions of section 3(1)(r) and 3(1)(s)

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act are not attracted against the accused No.1.

The other offences alleged against the appellant/accused

No.1 are not punishable with death or imprisonment for

life. The injuries sustained by the complainant are stated

to be simple injuries. Without considering these aspects,

the learned Special Judge has passed the impugned order

which requires interference by this court. In the result,

the following:

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ORDER

The appeal is allowed.

The impugned order dated 05.06.2023 passed in Crl.Misc.No.488/2023 passed by II Additional District and Sessions Judge, Kolar is set aside. The appellant/accused No.1 is granted anticipatory bail in Crime No.128/2023 of Vemagal police station and he is ordered to be released on bail in the event of his arrest, subject to the following conditions:

1) The appellant/accused No.1 shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the like sum to the satisfaction of the investigating officer.

2) The appellant/accused No.1 shall voluntarily appear before the investigating officer and execute a bail bond and furnish the surety, within two weeks.

3) The appellant/accused No.1 shall not directly or indirectly make any

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inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.