Karnataka High Court
Mahabaleshwar S/O Babu Baindur vs The State Of Karnataka By Its Psi on 20 February, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2024:KHC-D:4089
CRL.A No. 100073 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. 100073 OF 2024 (U/S 14 A(2) of SC
and ST ACT-)
BETWEEN:
MAHABALESHWAR S/O BABU BAINDUR,
AGE: 58 YEARS, OCC: CONTRACTOR
R/O # 894/5, PADTIGALLI
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,
SIRSI, REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
Digitally DHARWAD.
signed by
ANNAPURNA
ANNAPURNA CHINNAPPA
CHINNAPPA DANDAGAL
DANDAGAL Date: 2. RAMACHANDRA
2024.02.22
14:27:42
+0530
S/O MANJUNATH VERNEKAR
AGE: 57 YEARS, OCC: SR. HEALTH INSPECTOR,
CMC, SIRSI, TALUK: SIRSI,
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 FOR R3)
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NC: 2024:KHC-D:4089
CRL.A No. 100073 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
CRL.MISC.NO.23/2024 (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.1
ON ANTICIPATORY 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, IN THE EVENT OF ARREST BY THE
POLICE.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
This criminal 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') is
filed with a prayer to set aside order dated 02.02.2024
passed in Crl.Misc.No.23/2024 by the Court of II Additional
District and Sessions Judge, Uttara Kannada, Karwar, and
grant anticipatory bail to the appellant in Crime
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No.06/2024 registered by Sirsi New Market Police Station,
Uttara Kannada District, against the appellant and another
the for 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.06/2024 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 the appellant and another
herein. Apprehending arrest in the said case, appellant
had filed Crl.Misc.No.23/2024 before the Court of II
Additional District and Sessions Judge, Uttara kannada,
Karwar, which was rejected on 02.02.2024. Therefore, he
is before this Court.
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4. Learned counsel for the appellant submits that
the offence under Section 3(1)(j) of the Act of 2015 was
subsequently included by the Police based on the alleged
statement of victim, who is arrayed as respondent No.3 to
this appeal. He submits that the complaint was lodged
presuming that the accused had committed the alleged
offences. He submits that the maximum punishment for
the offences punishable under the Act of 2013 is
imprisonment for a period of two years. Accordingly, prays
to allow the appeal.
5. Per contra, learned High Court Government
Pleader has opposed the prayer made in the appeal. He
submits that the investigation in the said case is under
progress. Accordingly, prays to dismiss the appeal.
6. Learned counsel for the respondent No.3-
victim, who has filed the affidavit of respondent No.3
submits that he has no objection to grant the relief prayed
for by the appellant.
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7. From a reading of the complaint dated
08.01.2024, lodged by Senior Health Inspector City
Municipal Counsel, Sirsi, which has resulted in registering
FIR in Crime No.06/2024 by Sirsi New Market Police
Station, Uttara Kannada District, would go to show that
after receiving the instructions from the higher officer, the
complainant had visited the property of the appellant on
08.01.2024, wherein the appellant was allegedly
constructing a new building. The complainant found that
few days earlier appellant had cleared the leach pit of his
old toilet, and he presumed that for the purpose of
clearing the leach pit, the appellant might have used
manual scavengers, and accordingly the complaint was
lodged on 08.01.2024 based on which FIR was initially
registered only for the offences punishable under Sections,
5, 7, 8 and 9 of the Act of 2013.
8. Subsequently based on the statement of
respondent No.3 who is the alleged victim in the present
case, Police have invoked the offence punishable under
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Section 3(1)(j) of the Act of 2015 against the appellant.
The respondent No.3, who had filed a memo before the
trial Court stating that he has no objection to grant bail to
the appellant herein has appeared before this Court and
filed an affidavit and in para 3 of the said affidavit, it is
stated 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."
9. Therefore, a serious doubt arises as to whether
the prosecution was justified in invoking Section 3(1)(j) of
the Act of 2015 against the appellant in the present case.
Under these circumstances, I am of the opinion that the
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prayer made by the appellant in the present appeal has to
be granted. Accordingly the following:
ORDER
Appeal is allowed.
The order dated 02.02.2024 passed in
Crl.Misc.23/2024 by the Court of II Additional District
and Sessions Judge, Uttara Kannada, karwar, is set
aside.
The respondent-Police or any other police in the
State of Karnataka are directed to release the
appellant in the event of his arrest in Crime
No.06/2024 registered by Sirsi New Market Police
Station, Uttara Kannada District, against the appellant
and another for the offences punishable under
Sections 5, 7, 8 and 9 of the Act of 2013 and Section
3(1)(j) of the Act of 2015, subject to the following
conditions :
(i) The appellant shall execute a
personal bond for a sum of Rs.1,00,000/- with
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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) The Appellant shall co-operate with
the Investigating Officer for the purpose of
investigation in the case.
Sd/-
JUDGE
AC
CT:GSM
