Karnataka High Court

Suraj S/O Anandu Naik vs The State Of Karnataka on 2 April, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

                                                           -1-
                                                                  NC: 2024:KHC-D:5995
                                                                  CRL.A No. 100076 of 2024




                                  IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                                        DATED THIS THE 2ND DAY OF APRIL, 2024
                                                         BEFORE
                                 THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                         CRIMINAL APPEAL NO. 100076 OF 2024
                            BETWEEN:

                            SURAJ S/O ANANDU NAIK,
                            AGE. 33 YEARS, OCC. BUSINESS,
                            R/O. HIGH CHURCH ROAD, KARWAR,
                            TQ. KARWAR, DIST. UTTARA KANNADA-581301.
                                                                                ... APPELLANT
                            (BY SRI. GANAPATI M. BHAT, ADVOCATE)

                            AND:

                            1.     THE STATE OF KARNATAKA,
                                   BY ITS P.S.I., KARWAR TOWN POLICE STATION,
                                   R/BY STATE PUBLIC PROSECUTOR,
                                   HIGH COURT BUILDING, DHARWAD.

                            2.   SMT. TANUJA W/O SIDDANAGOUDA SIDDANAGOUDAR
                                 D/O VASANT SHIRALIKAR, AGE. 37 YEARS,
                                 OCC. PRIVATE PRESS, R/O. GANDHINAGAR,
                                 K.E.B. ROAD, KARWAR, TQ. KARWAR,
                                 DIST. UTTARA KANNADA-581301.
                                                                          ... RESPONDENTS
VIJAYALAKSHMI
M KANKUPPI                  (BY SRI. PRAVEEN K. UPPAR, AGA FOR R1; R2-SERVED)
Digitally signed by
VIJAYALAKSHMI M KANKUPPI


                                   THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH
Date: 2024.04.03 16:03:39
+0530


                            (POA) ACT, 1989, SEEKING TO SET-ASIDE ORDER DATED
                            30.12.2023 IN SPECIAL CASE NO.176/2021 PASSED BY THE COURT
                            OF THE 2ND ADDL. DISTRICT AND SESSIONS JUDGE, UTTARA
                            KANNADA, KARWAR AND ALLOW THIS CRIMINAL APPEAL BY
                            ENLARGING THE APPELLANT/ACCUSED NO.1 ON REGULAR BAIL IN
                            SPECIAL CASE NO.176/2021 (CRIME NO.81/2021 OF KARWAR TOWN
                            P.S.) FOR OFFENCES PUNISHABLE U/SECS.3(1)(r)(s) OF SCHEDULED
                            CASTE AND SCHEDULED TRIBE (PREVENTION OF ATROCITIES)
                            AMENDMENT ORDINANCE, 2014, SECTION 3(1)(w)(i)(ii), 3(2)(v) OF
                            SCHEDULED CASTE AND SCHEDULED TRIBE (PREVENTION OF
                            ATROCITIES) AMENDMENT ACT, 2015 AND SECTION 67(A) OF
                            INFORMATION TECHNOLOGY ACT, 2008 AND SECTION 376(2)(n),
                            384, 355, 504 R/W SECTION 34 OF IPC, PENDING ON THE FILE OF
                            THE COURT OF THE 2ND ADDL. DISTRICT AND SESSIONS JUDGE,
                            UTTARA KANNADA, KARWAR.
                             -2-
                                  NC: 2024:KHC-D:5995
                                  CRL.A No. 100076 of 2024




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


                        JUDGMENT

This appeal is filed by the appellant-accused No.1

challenging the order dated 30.12.2023 passed in Special

Case No.176/2021 passed by the Court of the II Addl.

District and Sessions Judge, Uttara Kannada, Karwar where

under, bail application of appellant-accused No.1 sought in

Karwar Town Police Station Crime No.81/2021 came to be

rejected. The case has been registered in Crime No.81/2021

by Karwar town police station against accused No.1 for

offences punishable under Sections 376(2)(n), 355, 504 r/w

Section 34 of IPC, Section 67(A) of Information Technology

Act, 2000, Section 3(1)(r)(s), Section 3(1)(w)(i)(ii) and

section 3(2)(v) of SC and ST (Prevention of Atrocities) Act,

1989.

2. Heard learned counsel for the appellant-accused No.1

and learned AGA for respondent No.1-State. Respondent

No.2-complainant inspite of service of notice has remained

absent and unrepresented.

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3. The case of the prosecution is that the victim lady has

filed the complaint on 06.10.2021 stating that she has

married to one Siddanagouda, she has two children, she is

working in Kalika printing press and she belongs to

scheduled caste. It is further stated that the appellant /

accused No.1 since last four years came in contact with her

and both developed friendship while speaking through mobile

phone and they were closed to each other and the

appellant/accused No.1 called to his house saying that there

is a meeting of association, when she went there no one at

home and he offered juice to the complainant and after

drinking the juice the complainant fell unconscious and

thereafter, accused took naked photos of the complainant

through his mobile phone and committed sexual assault and

continued the same for several time by threatening that he

will viral the photographs with him and forced to make video

call when she is taking bath and also same has been

recorded by the appellant/accused No.1 by taking screen

shot. It is further stated that appellant/accused No.1 has

taken the complainant to Laxmi lodge at Karwar and stayed

there and he has also taken her to Shree lodge at Dandeli

NC: 2024:KHC-D:5995

and had physical contact there. It is further stated that

appellant/accused No.1 has pledged her golden ornaments at

Urban Bank and at Daivadnya Baratiya Co-operative Society

and made the complainant to take loan from LNT finance. It

is further stated that on 01.10.2021 the wives of the

appellant/accused No.1 i.e. accused Nos.2 and 3 called the

complainant to Taigor Beach and there they scolded her in

filthy language touching her caste assaulted with slipper.

Later appellant/accused No.1 came to the said spot and

abused the complainant touching her caste. The accused

No.2 has sent the nude photographs of the complainant to

the mobile phone of her daughter through whats-app. Later

the complainant has discussed the matter with her husband

and the complaint came to be lodged, which is registered for

the aforesaid offences. The appellant/accused No.1 came to

be arrested on 07.10.2021 and he is in judicial custody. The

appellant/accused No.1 filed the bail application in Special

Case No.176/2021, after filing the charge sheet and the

same came to be rejected by learned II Additional District

and Sessions Judge, Uttara Kannada by order dated

16.03.2022.

NC: 2024:KHC-D:5995

4. The appellant earlier had filed Crl.A.No.100307/2022

challenging the said order and the same came to be rejected

by this Court by judgment dated 04.08.2022. The petitioner

thereafter filed bail application before the Sessions Court and

it came to be rejected by impugned order.

5. The learned counsel for appellant-accused No.1 would

contend that earlier bail application of this appellant-accused

No.1 came to be rejected on the ground that there is a

threat to the complainant, if appellant is granted bail. He

submits that complainant has already examined as PW2 and

therefore there is no threat to her. He further submits that

appellant is in judicial custody since more than 2 years. He is

having two wives and children who are depending on him.

He submits that accused Nos.2 and 3 have already been

granted bail. With this he prayed to allow the appeal.

6. Having heard learned counsel for the parties; this Court

has gone through the charge sheet records and impugned

order.

NC: 2024:KHC-D:5995

7. The respondent No.2 who is complainant/victim has

already been examined as PW1. As complainant/victim is

already examined, there is no threat to her by the appellant-

accused No.1. The appellant is in judicial custody for more

than 2 years and prosecution has examined only two

witnesses. Considering the said aspect, appellant-accused

No.1 is entitled for grant of bail with stringent conditions.

8. In the result the following:

JUDGMENT

Appeal is allowed.

The impugned order dated 30.12.2023 passed in

Special Case No.176/2021 passed by the Court of the II

Addl. District and Sessions Judge, Uttara Kannada, Karwar is

set aside.

Consequently, the bail application of appellant-accused

No.1 stands allowed and appellant-accused No.1 is ordered

to be released on bail in Crime No.81/2021 of Karwar town

Police Station, pending in S.C.No.176/2021 on the file of the

II Addl. District and Sessions Judge, Uttara Kannada, Karwar

subject to the following conditions:

NC: 2024:KHC-D:5995

i. The appellant shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh Only) with one surety for the likesum to the satisfaction of the trial court.