Karnataka High Court
Hanumanth Bhimanna Harapanalli vs The Police Sub Inspector on 1 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-D:2306
CRL.A No. 100007 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100007 OF 2024 (U/S 14 A(2) OF
SC AND ST ACT)
BETWEEN:
HANUMANTH BHIMANNA HARAPANALLI
AGE: 36 YEARS, OCC. AGRICULTURIST,
R/O. NYASARGI PLOT, TQ. MUNDGOD,
DIST. UTTAR KANNADA.
...APPELLANT
(BY SRI IRANAGOUDA K. KABBUR, ADVOCATE)
AND:
1. THE POLICE SUB INSPECTOR
THROUGH MUNDGOD POLICE STATION, U.K.
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD.
2. MALATESH S/O. MANJUNATH BHOVI,
AGE: 27 YEARS, OCC. DRIVER,
R/O. NYASARGI, TQ. MUNDGOD,
DIST. UTTAR KANNADA-581349.
Digitally
VIJAYALAXMI signed by
...RESPONDENTS
M BHAT VIJAYALAXMI
M BHAT (BY SRI RANGASWAMY R, HCGP FOR R1;
NOTICE TO RESPONDENT NO.2 IS SERVED)
THIS CRIMINAL APPEAL IS FILED U/SEC. 14A(2) OF SC/ST
ACT, SEEKING TO THAT THE APPEAL MAY BE ALLOWED AND THE
APPELLANT/ ACCUSED NO.1 MAY BE GRANTED BAIL IN
MUNDAGOD PS CRIME NO. 158/2023 (SPECIAL CASE NO.
120/2023) CHARGE SHEETED FOR THE OFFENCES P/U/SEC. 302,
504, 506 OF IPC AND SEC. 3(1)(R), 3(1)(S), 3(2)(VA) OF SC AND
ST (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015, AND
SET ASIDE ORDER DATED 21.12.2023 PASSED BY THE 2ND ADDL.
DISTRICT AND SESSIONS JUDGE UTTARA KANNADA KARWAR
SPECIAL CASE NO. 120/2023.
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NC: 2024:KHC-D:2306
CRL.A No. 100007 of 2024
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Accused No.1 in Special Case No.120/2023 pending
before the Court of II Additional District and Session
Judge, Uttara Kannada, Karwar, arising out of the Crime
No.158/2023 registered by Mundagod Police Station,
Uttara Kannada District, for the offences punishable under
Sections 325, 504 and 506 of the Indian Penal Code (for
short, 'the IPC') and Section 3(1)(r), 3(1)(s) and 3(2)(va)
of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2015 (for short,
'the SC and ST Act') is before this Court under Section 439
of the Criminal Procedure Code (for short, 'the Cr.P.C.').
2. Heard the learned counsel for he parties.
3. FIR in Crime No.158/2023 was registered by
Mundagod Police Station, Uttara kannada District, against
the petitioner herein for the aforesaid offences on the
basis of the complaint of Sri.Maltesh Manjunath Bhovi,
dated 23.09.2023. During the course of the investigation
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of the said case, petitioner was arrested on 23.09.2023
and remanded to the judicial custody. Investigation in the
case is completed and charge sheet has been filed. Bail
application filed by the petitioner before the trial Court in
Special Case No.120/2023 was rejected on 21.12.2023.
Therefore, he is before this Court.
4. Learned counsel for the petitioner submits that
petitioner is innocent of the charge sheeted offences and
he has been falsely implicated in the case. Deceased was
admitted in the hospital on 21.09.2023 and the history of
assault by the petitioner is not mentioned. Investigation in
the case is completed and charge sheet has been filed.
Petitioner has no criminal antecedent. Accordingly, prays
to allow the petition.
5. Per contra, learned High Court Government
Pleader has opposed the bail application. He submits that
C.W.5 and 6 are the eye witnesses to the incident in
question. Therefore, he prays to dismiss the petition.
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6. In the complaint dated 23.09.2023, lodged by
the complainant-Sri.Maltesh Manjunath Bhovi, it is averred
that he had received a phone call from his friend Rajeet
S/o Ravi Hosamani-(C.W.-5), who had informed him that
his father was not well. Immediately, complainant went to
the village and on 21.09.2023 admitted his father to
Government Hospital at Mundagod. He was allegedly
informed by C.W.5 that his father was assaulted by the
petitioner herein on 17.09.2023, after abusing him
referring to his caste. Since the doctors in Government
Hospital of Mundagod had advised the complainant to shift
him to the better hospital, the complainant had shifted his
father to KIMS, Hospital at Hubali on 23.09.2023 and
thereafter, had lodged a complaint before the Police which
has resulted in registering the FIR in Crime No.158/2023
initially for the offences punishable under Sections 325,
504 and 506 of the IPC and Section 3(1)(r), 3(1)(s), and
3(2)(va) of the SC and ST Act. The complainant's father-
Manjunath Bhovi, subsequently died in the hospital on
02.10.2023, while undergoing treatment in the hospital
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and thereafter, Section 302 of IPC was invoked against the
accused.
7. The material available on record would go to
show that the father of the complainant was initially
admitted in the Government hospital at Mundagod and the
history of assault by the petitioner on 17.09.2023 was not
mentioned while admitting him to the hospital. The
complainant himself had accompanied his father on
21.09.2021 and admitted his father in the hospital. History
given before the Government hospital was that his father
had not eaten for four days and he was chronic alcoholic.
The complaint was filed belatedly on 23.09.2023 which
was after two days from the complainant admitting his
father in the hospital and the allegation is now made,
petitioner had referred to caste of the deceased and
assaulted him with his hands and as result he had suffered
injuries. Undisputedly, petitioner has not used any weapon
to assault Manjunath Bhovi. Considering the history given
by the complainant at the time of admitting his father to
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the hospital, serious doubt arises with regard to the
allegation made in the complaint against the petitioner.
Investigation in the case is completed and charge sheet
has been filed. Under these circumstances, I am of the
opinion that the prayer made by the petitioner for grant of
regular bail is required to be answered in the affirmative.
Accordingly the following:
ORDER
Petition is allowed.
The petitioner/accused No.1 is directed to be
enlarged on bail in Special Case No.120/2023 pending
before the Court of II Additional District and Session
Judge, Uttara Kannada, Karwar, arising out of the Crime
No.158/2023 registered by Mundagod Police Station,
Uttara Kannada District, for the offences punishable under
Sections 325, 504 and 506 of the IPC and Section 3(1)(r),
3(1)(s) and 3(2)(va) of the SC and ST Act, subject to the
following conditions:
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a. The petitioner/accused No.1 shall execute a
personal bond for a sum of Rs.1,00,000/-
with 2 sureties for the like-sum to the
satisfaction of the jurisdictional Court;
b. The petitioner/accused No.1 shall appear
regularly on all the dates of hearing before
the Trial Court unless the Trial Court
exempts his appearance for valid reasons;
c. The petitioner/accused No.1 shall not
directly or indirectly threaten or tamper
with the prosecution witnesses;
d. The petitioner/accused No.1 shall not leave
the jurisdiction of the Trial Court without
permission of the said Court until the case
registered against him is disposed off.
Sd/-
JUDGE
AC
