Karnataka High Court
Riyaz Ahammed S/O Abdul Rehaman Shaikh vs The State Of Karnataka By Its P S I on 20 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
-1-
NC: 2024:KHC-D:4097
CRL.A No. 100074 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100074 OF 2024 (U/S 14 A(2) of SC
and ST ACT-)
BETWEEN:
RIYAZ AHAMMED
S/O ABDUL REHAMAN SHAIKH,
AGED ABOUT 52 YEARS,
OCC: BAR BINDING WORKER,
R/O AREKOPPA, HITALGUDDE,
TALUK SIRSI,
DIST UTTARA KANNADA-581402.
...APPELLANT
(BY SRI GANAPATI M BHAT, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS PSI,
SIRSI NEW MARKET TOWN POLICE STATION,
ANNAPURNA SIRSI,
CHINNAPPA REPRESENTED BY STATE PUBLIC PROSECUTOR,
DANDAGAL
HIGH COURT BUILDING, DHARWAD.
Digitally signed by
ANNAPURNA 2. RAMACHANDRA S/O MANJUNATH VERNEKAR,
CHINNAPPA AGE: 57 YEARS, OCC: SR. HEALTH INSPECTOR,
DANDAGAL
Date: 2024.02.22 CMC SIRSI, TALUK: SIRSI,
14:30:37 +0530 DIST: UTTARA KANNADA-581401.
3. GANESHAPPA S/O MALLAPPA HARIJAN,
AGE: 56 YEARS, R/O MALGUNDA,
KALLAPURA, TQ: HANGAL,
DIST: HAVERI-581104.
...RESPONDENTS
(BY SRI T.P.MALIPATIL, AGA FOR R1;
SRI VIDYASHANKAR G. DALWAI, ADVOCATE FOR R3)
-2-
NC: 2024:KHC-D:4097
CRL.A No. 100074 of 2024
THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC/ST (POA)
ACT, 1989, SEEKING TO SET-ASIDE ORDER DATED 02.02.2024 IN
SIRSI NEW MARKET P.S. CRIME NO.6/2024 PASSED BY THE COURT
OF THE 2 ND ADDL.DISTRICT AND SESSIONS JUDGE, UTTARA
KANNADA, KARWAR AND ALLOW THIS CRIMINAL APPEAL BY
ENLARGING THE APPELLANT/ACCUSED NO.2 ON REGULAR BAIL IN
SIRSI NEW MARKET P.S. CRIME NO.6/2024 FOR AN OFFENCES
PUNISHABLE U/S 5, 7, 8 AND 9 OF THE PROHIBITION OF
EMPLOYMENT AS MANUAL SCAVENGERS AND THEIR
REHABILITATION ACT, 2013 AND SECTION 3(1)(j) OF THE
SCHEDULED CASTES AND SCHEDULE TRIBES (PREVENTION OF
ATROCITIES) AMENDMENT ACT, 2015, PENDING ON THE FILE OF
THE COURT OF THE 2 ND ADDL. DISTRICT AND SESSIONS JUDGE,
UTTARA KANNADA, KARWAR.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Accused No.2 in Crime No.6/2024 registered by Sirsi
New Market police station, Uttara Kannada district has
filed this appeal under Section 14-A(2) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities)
Act, 1989 (for short, 'the SC/ST (POA) Act') with a prayer
to set aside order dated 02.02.2024 passed in Sirsi New
Market P.S.Crime No.6/2024 by the Court of II Additional
NC: 2024:KHC-D:4097
District and Sessions Judge, Uttara Kannada, Karwar and
to enlarge him on regular bail in Crime No.6/2024
registered for the offences punishable under Sections 5, 7,
8 and 9 of the Prohibition of Employment as Manual
Scavengers and their Rehabilitation Act, 2013 (for short,
'the Act of 2013) and Section 3(1)(j) of the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities)
Amendment Act, 2015 (for short, 'the Act of 2015').
2. Heard the learned counsel for the parties.
3. FIR in Crime No.6/2024 was registered by Sirsi
New Market Police Station, Uttara Kannada District,
initially for the offences punishable under Sections 5, 7, 8
and 9 of the Act of 2013 against two persons. The
appellant was arrayed as accused No.2 in the FIR. He was
arrested in the said case on 10.01.2024 and remanded to
judicial custody. The bail application filed by him before
the Court of II Additional District and Sessions Judge,
Uttara Kannada, Karwar in Crime No.6/2024 was rejected
on 02.02.2024. Therefore, he is before this Court.
NC: 2024:KHC-D:4097
4. Learned counsel for the appellant having
reiterated the grounds urged in the appeal submits that
accused No.1 has been granted anticipatory bail by this
Court in Crl.Appeal No.100073/2024 disposed of on
20.02.2024.
5. Per contra, learned High Court Government
Pleader has opposed the prayer made in the appeal.
6. Learned Counsel for respondent No.3-victim,
has filed the affidavit of respondent no.3. He has no
objection to grant the relief prayed for by the appellant.
7. The material on record would go to show that
FIR in Crime No.6/2024 was initially registered only for the
offences punishable under the provisions of the Act of
2013 against accused Nos.1 and 2. Subsequently, based
on the statement of respondent No.3, who is the alleged
victim in the present case, Section 3(1)(j) of the Act of
2015 was invoked against the accused by the police.
Respondent No.3 who has appeared before this Court has
NC: 2024:KHC-D:4097
filed an affidavit and paragraph 3 of the said affidavit
reads as follows:
"3. I further state that, the prosecution
herein made allegations as on 04.01.2024, I
and other coolies carried work of removing old
items situated in the land of the petitioner and
at that time the owner of the land removed
human excreta from the insanitary latrines from
us. But hereby I state that such incident has
not occurred on that day in any manner and we
the coolies removed old soils from the place
which no were contained human excreta in any
manner."
8. Similar affidavit was filed respondent no.3 even
in Crl.A.No.100073/2024. Considering this aspect of the
matter, this Court has granted anticipatory bail to accused
No.1. Therefore, I am of the view that the prayer made by
the appellant herein has to be answered in the affirmative.
Accordingly, the following:
ORDER
Appeal is allowed.
NC: 2024:KHC-D:4097
The order dated 02.02.2024 passed in Crime
No.6/2024 by the Court of II Additional District and
Sessions Judge, Uttara Kannada, Karwar, is set aside.
Appellant accused No.2 is directed to be
enlarged on bail with conditions:
(i) The appellant shall execute a
personal bond for a sum of Rs.1,00,000/- with
01 surety for the like-sum to the satisfaction
of the Investigating Officer.
(ii) Appellant shall regularly appear
before the Trial Court without fail unless
exempted by the Trial Court for valid reasons.
(iii) Appellant shall not tamper with the
prosecution witnesses either directly or
indirectly.
(iv) Appellant shall co-operate with the
Investigating Officer for the purpose of
investigation in the case.
Sd/-
JUDGE
KGK
CT:GSM
