Karnataka High Court
Sri. Raja Alias K Rajesh S/O Yamanoor ... vs The State Of Karnataka on 6 August, 2024
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CRL.A No. 100378 of 2024
C/W.CRL.A No. 100379 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MS. JUSTICE J.M.KHAZI
CRIMINAL APPEAL NO.100378 OF 2024
C/W
CRIMINAL APPEAL NO.100379 OF 2024
(U/S 14 A(2) of SC and ST ACT)
IN CRL. A. NO.100378 OF 2024
BETWEEN:
1. SRI RAJA @ K. RAJESH
S/O. YAMANOOR @ YAMANAPPA,
AGE: 24 YEARS, OCC: COOLIE,
R/O: 5TH WARD, KILLA AREA, GANGAVATHI,
TQ. GANGAVATHI, DIST. KOPPAL, PIN-583227.
2. SRI UDAY S/O. RAMANNA,
AGE: 20 YEARS, OCC: COOLIE,
R/O: 5TH WARD, KILLA AREA, GANGAVATHI,
TQ. GANGAVATHI, DIST. KOPPAL, PIN-583227.
3. SRI T. ABISHEK @ ABHISHEK S/O. T. UMESH,
AGE: 23 YEARS, OCC: COOLIE,
R/O: 5TH WARD, KILLA AREA, GANGAVATHI,
Digitally signed by
YASHAVANT TQ. GANGAVATHI, DIST. KOPPAL, PIN-583227.
NARAYANKAR
Location: HIGH 4. SRI RAMANJANI @ RAMANJANEYA S/O. RAJESH,
COURT OF
KARNATAKA AGE: 22 YEARS, OCC: COOLIE,
R/O: 5TH WARD, KILLA AREA, GANGAVATHI,
TQ. GANGAVATHI, DIST. KOPPAL, PIN-583227.
...APPELLANTS
(BY SRI PRAVEEN KUMAR G., ADVOCATE FOR APPELLANTS)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY: STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD,
THROUGH GANGAVATHI TOWN
POLICE STATION, PIN-583227.
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CRL.A No. 100378 of 2024
C/W.CRL.A No. 100379 of 2024
2. SRIKANTH S/O. RAMANNA BULTI,
AGE: 27 YEARS, OCC: COOLIE,
R/O: 8TH WARD, UPPINA MYALI CAMP, GANGAVATHI,
TQ. GANGAVATHI, DIST. KOPPAL, PIN-583227.
...RESPONDENTS
(BY SRI ABHISHEK MALIPATIL, HCGP FOR RESPONDENT NO.1,
SRI LINGESH V.KATTEMANE, ADV. FOR RESPONDENT NO.2)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF
SC AND ST (POA) ACT 1989, SEEKING TO GRANTING A
ANTICIPATORY BAIL BY SETTING ASIDE THE IMPUGNED ORDER
DATED 27.06.2024 PASSED BY THE PRINCIPAL DISTRICT AND
SESSION JUDGE KOPPAL IN CRIMINAL MISC NO.274/2024
CONNECTION IN CRIME NO.62/2024 REGISTERED BY THE
GANGAVATHI TOWN P.S. FOR THE PUNISHABLE UNDER SECTION
143, 147, 148, 323, 324, 307, 504 AND 506 R/W SECTION 149 OF
IPC AND UNDER SECTION 3(1)(R), 3(1)(S), 3(2)(VA) OF SCHEDULED
CASTES AND THE SCHEDULED TRIBES (PREVENTION OF
ATROCITIES) ACT 1989, IN THE INTEREST OF JUSTICE.
IN CRL. A. NO.100379 OF 2024
BETWEEN:
1. SRI GURURAJ S/O. YAMANOOR @ YAMANAPPA,
AGE: 22 YEARS, OCC: COOLIE,
R/O: 5TH WARD, KILLA AREA, GANGAVATHI,
TQ. GANGAVATHI, DIST. KOPPAL, PIN-583227.
2. SRI MUJTTANNA @ MUTTURAJ
S/O. VIRUPANNA @ VEERUPANNA,
AGE: 23 YEARS, OCC: COOLIE,
R/O: 5TH WARD, KILLA AREA, GANGAVATHI,
TQ. GANGAVATHI, DIST. KOPPAL, PIN-583227.
...APPELLANTS
(BY SRI PRAVEEN KUMAR G., ADVOCATE FOR APPELLANTS)
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CRL.A No. 100378 of 2024
C/W.CRL.A No. 100379 of 2024
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY: STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD,
THROUGH GANGAVATHI TOWN
POLICE STATION, PIN-583227.
2. SRIKANTH S/O. RAMANNA BULTI,
AGE: 27 YEARS, OCC: COOLIE,
R/O: 8TH WARD, UPPINA MYALI CAMP,
GANGAVATHI, TQ. GANGAVATHI,
DIST. KOPPAL, PIN-583227.
...RESPONDENTS
(BY SRI ABHISHEK MALIPATIL HCGP FOR RESPONDENT NO.1;
SRI LINGESH V.KATTEMANE, ADV. FOR RESPONDENT NO.2)
THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF
SC AND ST (POA) ACT 1989, SEEKING TO GRANTING A REGULAR
BAIL BY SETTING ASIDE THE IMPUGNED ORDER DATED 27.06.2024
PASSED BY THE PRINCIPAL DISTRICT AND SESSION JUDGE, KOPPAL
IN S.C. (A.C) NO.32/2024 IN CONNECTION WITH CRIME NO.62/2024
REGISTERED BY THE GANGAVATHI TOWN PS FOR THE PUNISHABLE
UNDER SECTION 143, 147, 148, 323, 324, 307, 504 AND 506 R/W
SECTION 149 OF I.P.C. AND UNDER SECTION 3(1)(R), 3(1)(S),
3(2)(VA) OF SCHEDULED CASTES AND THE SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) ACT 1989, IN THE INTEREST OF
JUSTICE.
THESE CRIMINAL APPEALS, COMING ON FOR ORDERS, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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CRL.A No. 100378 of 2024
C/W.CRL.A No. 100379 of 2024
CORAM: THE HON'BLE MS. JUSTICE J.M.KHAZI
ORAL JUDGMENT
(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)
Since these two appeals are arising out of Crime
No.62/2024 of Gangavathi Town Police Station [S.C.(A.C.)
No.32/2024], they are clubbed together and disposed of
by a common order.
2. For the sake of convenience parties are referred to
by their bank in the charge sheet.
3. While in Criminal Appeal No.100378/2024 accused
Nos.1, 3, 5 and 7 are seeking anticipatory bail, in Criminal
Appeal No.100379/2024 accused Nos.2 and 4 are seeking
regular bail.
4. A charge sheet came to be filed against accused
No.1 to 7 alleging that on 21.04.2024 at 7.00 a.m. near
Nayak Petrol Bunk, APMC vegetable auction market, while
CW-2 Sharana @ Sharanabasava was proceeding on his
motorcycle, accused No.1 Raja @ Rajesh, accused No.2
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Guru @ Gururaj picked up quarrel with him saying that his
motorcycle touched their Auto Rickshaw. CW-2 Sharana @
Sharanabasava called complainant Shrikant and CW-3
Nagaraj over phone and requested them to come to his
rescue. Both of them went to the spot and pacified the
quarrel.
4.1. However, after the incident when complainant
Shrikant reached Maruteshwara Circle, around 7.30 a.m.,
accused Nos.1 and 2 along with accused No.3 to 7 went
there holding a wooden stick (ಬ ೕಶ) and picked up
quarrel with complainant and started assaulting him.
Accused Nos.3-Uday and accused No.5-Abhishek
assaulted the complainant with hands on his shoulder,
accused No.4-Muttanna assaulted the complainant with a
wooden stick (ಬ ೕಶ) on the back portion of his head and
on the left portion of the stomach, as a result of which, the
iron nail in the wooden stick (ಬ ೕಶ) pierced into the
stomach causing grievous injury. When complainant fell
down, accused No.2-Guru @ Gururaj kicked on his faced
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with his leg, accused No.1-Raja @ Rajesh twisted left hand
of complainant, accused No.6-Durgesh kicked him on his
head and accused No.7-Ramanjaneya kicked complainant
on his lower back. Accused persons also abused
complainant referring to his caste and thereby they
committed the offences punishable under Sections 143,
147, 148, 323, 324, 504, 506 and 307 of IPC and Sections
3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Amendment
Act, 2015 (for short, 'the SC/ST POA Act') read with
Section 149 of IPC.
5. In respect of the incident, complaint was given by
the injured. It is the specific case of the prosecution that
when the complainant was taking treatment at the
Hospital, in the presence of CW-4 Gangamma, all the
accused persons went there and abused him referring to
his caste.
6. After conducting detailed investigation, the
concerned Police have filed charge sheet against accused
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Nos.1 to 7. During the investigation, accused Nos.2 and 4
were arrested. The remaining accused have absconded.
7. Now accused Nos.2 and 4 are seeking regular bail
whereas, accused Nos.1, 3, 5 and 7 are seeking
anticipatory bail contending that they are not involved in
the alleged offences and they have been falsely implicated.
In respect of the same incident, complaint is filed against
CW-2 Sharana @ Sharanabasava, CW-3 Nagaraj Hunnikuri
and others and as a counter blast the present complaint is
filed.
8. On the other hand, learned HCGP submitted that
after conducting detailed investigation charge sheet is
filed, which makes out a strong prima-facie case against
all the accused persons including the appellants. Since
from the date of incident, accused Nos.1, 3, 5 and 7 have
absconding and therefore they are not entitled for
anticipatory bail. Since the charges leveled against the
accused are grave, accused Nos.2 and 4 are not entitled
for regular bail and prays to dismiss the appeals.
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9. Heard arguments and perused the record.
10. Thus it is the definite case of the prosecution that
on 21.04.2024 at 7.00 a.m., near the Nayak Petrol Bunk
of Gangavathi a petty quarrel took place between CW-2
Sharana @ Sharanabasava and accused Nos.1 and 2 with
respect to the motorcycle of CW-2 Sharana @
Sharanabasava touching their Auto Rickshaw. CW-2
Sharana @ Sharanabasava called complainant and CW-3
Nagaraj to come to his rescue and infact they intervened
and pacified the quarrel. However, before complainant
could reach Maruteshwara Circle, all the accused persons
went to him holding a wooden stick (ಬ ೕಶ) embedded
with nail and assaulted complainant indiscriminately. As a
result, he sustained grievous injuries to his stomach and
underwent operation. It is also alleged that while
complainant was undergoing treatment, all the accused
persons went there and abused him in the presence of his
mother i.e., CW-4 Gangamma referring to their caste. The
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charge sheet makes out a strong prima-facie case against
all the accused persons.
11. Accused No.2 and 4 are arrested on
03.05.2024 since then they are in custody. As already
investigation is completed and charge sheet is filed, the
custodial presence of these two accused is no longer
required for investigation. Therefore, this Court is of the
considered opinion that they are entitled for regular bail.
Of course, there is apprehension that they may threaten
or tamper with prosecution witnesses and also abscond,
which can be overcome by imposing stringent conditions.
12. Sofar as accused Nos.1, 3, 5 and 7 are
concerned, since from the date of incident they have
absconded. Having regard to the prima-facie case made
out against them also for the offences punishable under
the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Amendment Act, 2015, they are not entitled for
anticipatory bail. Of course, they are at liberty to
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surrender before the trial Court and thereafter seek
regular bail and accordingly, the following:
ORDER
(i) Criminal Appeal No.100378/2024 filed by
the accused Nos.1, 3, 5 and 7 is dismissed.
(ii) Criminal Appeal. No.100379/2024 filed by
accused Nos.2 and 4 is allowed.
Consequently, order dated 27.06.2024
passed in S.C.(A.C) No.32/2024 by the
Principal District and Sessions Judge, Koppal
is hereby set aside.
(iii) Accused Nos.2 and 4 are released on bail in
Crime No.62/2024 of Gangavathi Town
Police Station for the offences punishable
under Sections 143, 147, 148, 323, 324,
504, 506 and 307 of IPC and Sections
3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST POA
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Act read with Section 149 of IPC, subject to
following:
CONDITIONS
a) The appellant/accused Nos.2 and 4 shall
execute a personal bond in a sum of
Rs.50,000/- each with two sureties for the
like-sum.
b) They shall furnish their residential address
proof and shall inform the Investigating
Officer/Court if there is any change in the
address.
d) They shall not tamper with the prosecution
witnesses either directly or indirectly.
e) They shall not indulge in any criminal
activities.
f) They shall be regular in attending the Court
proceedings.
Sd/-
(J.M.KHAZI)
JUDGE
CKK
