Karnataka High Court
Shivaraj vs The State Of Karnataka And Anr on 19 September, 2023
Bench: Venkatesh Naik T
-1-
NC: 2023:KHC-K:7496
CRL.A No. 200258 of 2023
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO.200258 OF 2023
BETWEEN:
SRI SHIVARAJ
S/O SOMAPPA
AGED ABOUT 25 YEARS
OCCUPATION: STUDENT
R/O MALTA VILLAGE, SIRWAR
TALUK: SIRWAR
DISTRICT: RAICHUR-584 129.
...APPELLANT
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH SHO, SIRWAR POLICE STATION
Digitally signed DISTRICT: RAICHUR
by SHILPA R REPRESENTED BY ITS ADDITIONAL S.P.P.
TENIHALLI HIGH COURT BENCH
Location: HIGH KALABURAGI-585 102.
COURT OF
KARNATAKA
2. SRI MONAPPA
S/O TIMMAPPA
AGED ABOUT 51 YEARS
OCCUPATION: LABOUR
R/O JANATA COLONY, KAVITAL VILLAGE
TALUK: SIRWAR
DISTRICT: RAICHUR-584 123.
...RESPONDENTS
(BY SRI J. SHAHABUDDIN, H.C.G.P., FOR R-1, &
NOTICE TO R-2 IS HELD SUFFICIENT VIDE ORDER
DATED 15-9-2023)
-2-
NC: 2023:KHC-K:7496
CRL.A No. 200258 of 2023
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14(2) OF
THE SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED
14-8-2023 IN SPL. (AC) NO.584/2023 (ARISING OUT OF SPL.(A) FIR
NO.71/2023 SIRWAR POLICE STATION, RAICHUR) PASSED BY THE I
ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAICHUR, BY
ALLOWING THIS APPEAL AND CONSEQUENTLY, TO RELEASE THE
APPELLANT/ACCUSED NO.3 ON BAIL IN SPL.(AC)
NO.584/2023 (ARISING OUT OF CRIME NO.71/2023) PENDING ON
THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE,
RAICHUR, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 326,
307 AND 109 READ WITH SECTION 34 OF THE IPC AND UNDER
SECTIONS 3(1)(c) AND 3(2)(v-a) OF THE SC/ST (POA) AMENDMENT
BILL, 2015, REGISTERED BY THE RESPONDENT-SIRWAR POLICE
STATION DISTRICT, RAICHUR.
THIS CRIMINAL APPEAL IS COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
JUDGMENT
The appellant/accused No.3 has filed this appeal
under Section 14(2) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989 [for
short, 'SC/ST (POA) Act'] praying to set aside the order
dated 14-8-2023 in Special (AC) No.584 of 2023 passed
by I Additional District and Sessions Judge, Raichur, and
further to direct the respondent-Sirwar Police Station to
enlarge the appellant on bail in Crime No.71 of 2023
registered for the offences punishable under Sections 326,
307 and 109 read with Section 149 of the Indian Penal
NC: 2023:KHC-K:7496
CRL.A No. 200258 of 2023
Code, 1860, and under Sections 3(1)(c) and 3(2)(v-a) of
the SC/ST (POA) Act.
2. Heard the arguments of the learned counsel for
the appellant and the learned High Court Government
Pleader for respondent No.1-State. Respondent No.2/de
facto complainant is absent.
3. The brief facts of the prosecution case are that,
on 31-5-2023 between 1:30 P.M. and 2:00 P.M., accused
Nos.1 and 2 took the victim by motorcycle near Solar Plant
Gate at Ballatagi Road at Mallata Village and accused
Nos.1 and 2 assaulted the victim with stone and caused
grievous injuries on head, face and ear at the instigation
of the appellant. Hence, the respondent-Police registered
a case for the aforesaid offences. During the course of
investigation, the appellant was arrested on 2-6-2023 and
since then, he is in judicial custody.
4. Learned counsel for the appellant has contended
that the appellant is innocent and he is a law abiding
NC: 2023:KHC-K:7496
CRL.A No. 200258 of 2023
citizen. The alleged offences are not attracted against the
appellant. There was no intention or motive to kill the
victim as alleged. Further, the provisions of SC/ST (POA)
Act are not applicable to the appellant, as he belongs to
Scheduled Caste community. He has undertaken to abide
by any of the conditions to be imposed by this Court.
Hence, he prayed to allow the appeal.
5. Learned High Court Government Pleader has filed
the statement of objections and contended that the
alleged incident occurred at the instigation of the
appellant, who abetted accused Nos.1 and 2 to eliminate
the victim and therefore, accused Nos.1 and 2 attempted
to commit the murder of the victim. He has further
contended that as per the report of the Medical Officer, the
victim is not in a position to speak. If the appellant is
enlarged on bail, he may tamper with the prosecution
witnesses. Hence, he prayed to reject the appeal.
6. As per the contents of the charge-sheet, on
31-5-2023 between 1:30 P.M. and 2:00 P.M., accused
NC: 2023:KHC-K:7496
CRL.A No. 200258 of 2023
Nos.1 and 2 assaulted the victim with stone and caused in
all eight injuries. On perusal of the Wound Certificate, all
injuries are grievous in nature. As per the Medical Report
issued by Balanku Hospital, Raichur, the injured was
admitted on 31-5-2023 and discharged on 5-7-2023,
which shows the victim is out of danger. Now, the charge-
sheet is filed. Learned High Court Government Pleader
has not disputed that the appellant is a member of
Scheduled Caste.
7. Considering the nature of allegations, gravity of
offence, circumstances in which the offence is committed,
position and status of the accused with reference to the
victim and witness, likelihood of fleeing away from justice,
of repeating same offences by the accused, of tampering
with witness, character and antecedents of the appellant,
this Court is of the opinion that the appellant is entitled for
bail. Accordingly, I proceed to pass the following
NC: 2023:KHC-K:7496
CRL.A No. 200258 of 2023
ORDER
Criminal appeal is allowed. The trial Court is
directed to release the appellant on bail in Crime No.71 of
2023 registered by the respondent-Sirwar Police Station,
Raichur, for the offences punishable under Sections 326,
307 and 109 read with Section 149 of the Indian Penal
Code, 1860, and under Sections 3(1)(c) and 3(2)(v-a) of
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989, subject to the following conditions:
i) Appellant shall execute a personal bond
in a sum of Rs.1,00,000/- (Rupees one
lakh only) with one surety for the likesum
to the satisfaction of the trial Court;
ii) Appellant shall not tamper with the
prosecution witnesses directly or
indirectly;
iii) Appellant shall appear before the trial
Court on all dates of hearing, and
NC: 2023:KHC-K:7496
CRL.A No. 200258 of 2023
iv) Appellant shall not indulge in any similar
offences.
Sd/-
JUDGE
KVK
CT: VR
