Karnataka High Court
Sonu @ Neelakantrao Desai @ Deshmukh And ... vs The State And Anr on 1 February, 2024
Author: Rajendra Badamikar
Bench: Rajendra Badamikar
-1-
NC: 2024:KHC-K:1179
CRL.A No. 200011 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR
CRIMINAL APPEAL NO. 200011 OF 2024 [U/S 14 (A)]
BETWEEN:
1. SONU @ NEELAKANTRAO DESAI @DESHMUKH
S/O DHARMANATH DESHMUKH,
AGE: 28 YEARS, OCC: BUSINESS,
2. SANNY @ SANDEEP KUMAR
S/O RAVINDRA DESAI @ DESHMUKH,
AGE: 28 YEARS, OCC: PRIVATE WORK,
BOTH ARE R/O VILLAGE BALUR,
TQ. BHALKI, DIST. BIDAR-585444.
Digitally signed by ...APPELLANTS
SHILPA R
TENIHALLI (BY SRI AVINASH A. UPLAONKAR, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. THE STATE THROUGH,
BHALKI RURAL POLICE STATION,
DIST. BIDAR,
NOW REPRESENTED BY,
ADDL. SPP HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585107.
2. MANOHAR S/O SHANKAR BEMBRE,
AGE: 35 YEARS, OCC: LABOURER,
R/O VILLAGE BALUR,
-2-
NC: 2024:KHC-K:1179
CRL.A No. 200011 of 2024
TQ. BHALKI, DIST. BIDAR-585444.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R1;
R2 SERVED)
THIS CRL.A IS FILED U/SEC. 14(A)(2) OF SC/ST (PA)
ACT., PRAYING TO SET ASIDE THE ORDER IN
CRL.MISC.NO.647/2023 ORDER DATED 05.12.2023 PASSED BY
THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AT BIDAR,
AND BE PLEASED TO ISSUE NECESSARY DIRECTIONS TO THE
RESPONDENT POLICE TO RELEASE THE ACCUSED /
APPELLANTS ON BAIL IN SPL.C. (SC/ST) NO.1247/2023
(CRIME NO.85/2023 OF BHALKI RURAL POLICE STATION,
DIST. BIDAR) IN THE EVENT OF THEIR ARREST, PENDING
BEFORE THE ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
BIDAR, FOR THE OFFENCES U/SEC. 323, 324, 504, 506 R/W 34
OF IPC AND U/SEC. 3(2)(V-A), 3(1)(R), 3(1)(S) SC AND ST
(PREVENTION OF ATROCITIES) ACT, 1989.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This appeal is filed under Section 14(A) of the
Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989 (for short 'SC/ST (POA) Act'),
challenging the order passéd by the learned Additional
District and Sessions Judge, Bidar, whereby, the learned
Sessions Judge has rejected anticipatory bail petition filed
by the appellants.
NC: 2024:KHC-K:1179
2. The allegations of the prosecution disclose that
on 01.07.2023 evening at about 6.00 p.m., the appellants
quarreled with the complainant and appellant
No.1/accused No.1 abused him with reference to his caste
and then assaulted him by scissor causing injury to right
index finger. It is further asserted that later on appellant
No.1/accused No.1 again assaulted the complainant by
stick and when the complainant fell down, appellant
No.2/accused No.2 has fisted him on his face, chest and
other parts of the body causing simple injuries. In this
regard, the complaint came to be lodge.
3. The appellants apprehending their arrest have
approached the learned Sessions Judge/Special Judge by
filing a petition under Section 438 of Cr.P.C., but the
learned Sessions Judge by the impugned order dated
05.12.2023 rejected the bail petition on the ground that
there is a bar under Section 18 of the SC/ST (POA) Act for
granting anticipatory bail. This order is being challenged
in this appeal.
NC: 2024:KHC-K:1179
4. Heard the arguments advanced by the learned
counsel for the appellants and learned High Court
Government Pleader for respondent No.1 - State.
Respondent No.2 though served, is unrepresented.
Perused the records.
5. The main allegation against the appellants is
regarding they assaulting the complainant by scissor and
stick and specific overt-act is alleged against appellant
No.1/accused No.1 regarding he abusing the complainant
with reference to the caste. The complaint allegations and
the entire charge sheet material clearly disclose that caste
abuse is attracted only against appellant No.1. The
learned counsel for the appellants has withdrew the appeal
filed by appellant No.1/accused No.1 and hence, now the
appeal is restricted to the claim of appellant No.2/accused
No.2.
6. The allegations of the prosecution disclose that
appellant No.2/accused No.2 has assaulted the
complainant by hands and fisted him but on perusal of the
NC: 2024:KHC-K:1179
wound certificate, it is evident that the complainant has
suffered only simple injuries. Apart from that, though the
alleged incident is said to have take place on 01.07.2023
evening at about 6.00 p.m., the complainant got examined
himself on the next day by visiting the hospital voluntarily.
He is only shown to have suffered simple injuries and the
offences alleged against appellant N.2 are under Sections
323, 324, 504 and 506 read with Section 34 of IPC and
the offences under the provisions of the SC/ST (POA) Act
are not attracted as against him, which is apparent from
the face of the records. The learned Sessions Judge
without going through the complaint assertions and charge
sheet materials, in one stroke held that there is a bar
under Section 18 of the SC/ST (POA) Act and rejected the
bail petition, which disclose that there was absolutely non
application of mind by the learned Sessions Judge. Even
the records further disclose that the complainant was also
prosecuted for the offence punishable under Section 307
of IPC in Crime No.84/2023 and there are case and
counter cases.
NC: 2024:KHC-K:1179
7. Looking to these facts and circumstances and
nature of the injuries suffered by the complainant, I am of
the considered opinion that appellant No.2/accused No.2 is
entitled for anticipatory bail as prayed for. Hence, the
appeal needs to be allowed in part insofar as it relates to
appellant No.2/accused No.2 is concerned. Accordingly, I
proceed to pass the following:
ORDER
The appeal is allowed in part.
The impugned order passed by the learned Additional
District and Sessions Judge, Bidar in Criminal
Miscellaneous No.647/2023 dated 05.12.2023 is set aside
insofar as it relates to appellant No.2/accused No.2 is
concerned, which is pending in Special Case
No.1247/2023.
Appellant No.2/accused No.2 is ordered to be
enlarged on bail in Crime No.85/2023 of Bhalki Rural
Police Station, Bidar District, registered for the offences
NC: 2024:KHC-K:1179
punishable under Sections 323, 324, 504, 506 read with
Section 34 of IPC and under Sections 3(2)(v-a) and
3(1)(r) (s) of the SC/ST (POA) Act, on his executing a
personal bond for a sum of Rs.50,000/- with one surety
for the like-sum to the satisfaction of the Trial Court,
subject to the following conditions:
i) Appellant No.2/accused No.2 shall not
directly or indirectly threaten or tamper with
the prosecution witnesses;
ii) Appellant No.2 shall appear before the Court
on all the dates of hearing without fail;
iii) Appellant No.2 shall surrender before the
Special Court within ten days from the date
of receiving the certified copy of this
judgment and in the event of his surrender,
the Special Court is directed to enlarge him
on bail as directed above;
iv) Appellant No.2 shall regularly appear before
the Special Court and cooperate in speedy
disposal of the case;
NC: 2024:KHC-K:1179
v) Appellant No.2 shall not indulge in any of the
criminal activities.
The appeal filed by appellant No.1/accused No.1 is
dismissed as not pressed.
Sd/-
JUDGE
SRT
