Karnataka High Court
Siddaramasa S/O Balakrishnasa Dani vs The State Of Karnataka on 8 January, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.A No. 100619 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 100619 OF 2023
(U/S.14 A(2) OF SC AND ST (PA) AMENDMENT ACT, 2015)
BETWEEN:
1. SIDDARAMASA S/O. BALAKRISHNASA DANI,
AGE: 55 YEARS, OCC. BUSINESS,
R/O: HOSAPETA GALLI, WARD NO 1,
GUDUR, TQ. AND DIST: BAGALKOTE,
C/O: GADAG, TQ. AND DIST: GADAG-582101.
2. PAVAN S/O. SIDDARAMASA DANI,
AGE: 29 YEARS, OCC: BUSINESS,
R/O: HOSAPETA GALLI,
GUDUR, TQ/DIST: BAGALKOTE,
C/O: GADAG, TQ/DIST: GADAG-582101.
...APPELLANTS
(BY SRI GOURISHANKAR H. MOT, ADVOCATE)
Digitally
signed by
VIJAYALAXMI
VIJAYALAXMI M BHAT
M BHAT Date:
2024.01.10
13:20:57
+0530
AND:
1. THE STATE OF KARNATAKA
THROUGH MULGUND POLICE,
REP BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. SMT. AKKAMAHADEVI TALWAR,
W/O. BHEEMAPPA, AGE: 54 YEARS,
OCC: HOUSEWIFE, R/AT: KANAVI VILLAGE,
TQ: GADAG, KARNATAKA-582103.
...RESPONDENTS
(BY SRI RANGSWAMY R. HCGP FOR RESPONDENT NO.1)
(NOTICE TO RESPONDENT NO.2- SERVED)
THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND
ST (POA) ACT, 2015, SEEKING TO ENLARGE THE
-2-
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CRL.A No. 100619 of 2023
APPELLANTS/ACCUSED NO.1 AND 2 ON ANTICIPATORY BAIL AS
ATTACHED IN FOR THE OFFENCE PUNISHABLE U/S SC/ST
(PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 U/S 3(1)
(R), (S), 3(2) (VA), IPC 1860 U/S 506, 504, 306, R/W 34 IN
MULGUND P.S. CRIME NO.69/2023 BY SETTING ASIDE THE
ORDER DATED 06.12.2023 IN CRI. MIS. NO.452/2023 ON THE
FILE OF ADDITIONAL DISTRICT AND SESSIONS COURT AT
GADAG.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Appellants who are arrayed as accused Nos.1 and 2 in
Crime No.69/2023 registered by Mulagund Police Station,
Gadag District for the offences punishable under Sections
504, 506 and 306 read with Section 34 of IPC and Section
3(1)(r)(s)(2)(va) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Amendment
Act, 2015 (for short, 'the SC ST (PA) Act, 2015') are
before this Court under Section 14(A) (2) of the SC ST
(PA) Act, 2015.
2. Heard the learned counsel for the parties.
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3. FIR in Crime No.69/2023 was registered by
Mulagund Police Station, Gadag District for the offences
punishable under Sections 504, 506 and 306 read with
Section 34 of IPC and Section 3(1)(r)(s)(2)(va) of the SC
ST (PA) Act, 2015 on the basis of complaint lodged by
Smt. Akkamahadevi Talawar wife of deceased-
Bhreemappa on 15.10.2023. In the complaint, it is averred
that the husband of complainant had borrowed a sum of
Rs.50,000/- to Rs.60,000/- from the accused persons to
meet the medical expenses of his son. The accused
persons were allegedly demanding a sum of Rs.2,00,000/-
from the complainant's husband on the ground that the
principal amount and interest thereon totally amounted to
Rs.2,00,000/-. The property of her husband was forcibly
registered in their name. It is alleged in the complaint that
the accused were abusing and threatening the husband of
complainant in furtherance of the demand for a sum of
Rs.2,00,000/-. On 15.10.2023, the complainant was
informed that her husband had consumed poison in their
field. Immediately, the complainant and her family
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members shifted her husband to the District Government
Hospital. However, on the very same day at about 8.30
a.m. complainant's husband-Bheemappa had died. It is in
this background, she had approached the Police at about
16:30 hours on 15.10.2023 and filed complaint which has
resulted in registering the FIR in Crime No. 69/2023 by
the Mulagund Police Station for the aforesaid offences
against the appellants and two others. Apprehending their
arrest in the case, the appellants filed Criminal
Miscellaneous No.452/2023 before the Court of Additional
District and Sessions Judge, Gadag which was rejected on
06.12.2023. Therefore, they are before this Court.
4. Learned counsel for the appellants having
reiterated the grounds urged in the memorandum of
appeal, submits that appellants have purchased the
property from the deceased under a registered Sale Deed
dated 01.07.2022 and sale consideration of Rs.1,92,000/-
was paid to the deceased under the said Sale Deed vide
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cheque bearing No.641956 drawn on Canara Bank, Gudur
Branch.
5. Per contra, the learned High Court Government
Pleader has opposed the appeal. She submits that in view
of the bar under Section 18 of the SC ST (PA) Act, 2015,
the prayer made by the appellants cannot be granted.
6. Respondent No.2-the de facto complainant, who is
served in the matter, had remained un-represented in this
appeal.
7. The allegation in the complaint against the accused
persons is that they were demanding repayment of
Rs.2,00,000/- from the deceased which included principal
amount of Rs.60,000/- and interest and in furtherance of
such demand, they were abusing and threatening the
deceased and as a result of the same, the deceased has
committed suicide. It is also alleged that appellants had
abused the deceased with reference to his caste. It is also
alleged that they had forcibly got registered the property
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of deceased in their name. The material made available to
the Court would to go show that the appellants herein had
purchased the property bearing R.S.No.7/1/K measuring
01 acre 02 gunta from the deceased under a registered
Sale Deed dated 01.07.2022 and sale consideration of
Rs.1,92,000/- was paid under the said Sale Deed to the
deceased-Bheemappa through a cheque drawn on Canara
Bank, Gudur branch. Therefore, the allegation made in the
complaint prima-facie appears to be doubtful.
8. In the complaint, there is no reference to the Sale
Deed, which is executed between the appellants and the
deceased. Sale Deed was executed on 01.07.2022,
whereas, the deceased had died on 15.10.2023.
Therefore, prima-facie there is no nexus between the
death of deceased and the registration of the said Sale
Deed in respect of property belonging to the deceased in
favour of appellants. The bar under Section 18 of the SC
ST (PA) Act, 2015, therefore cannot be made applicable to
the present case since the allegations made in the
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complaint prima facie appears to be doubtful. Under the
circumstances, I am of the opinion that the prayer made
by the appellants for grant of anticipatory bail is required
to be granted. Accordingly, the following:
ORDER
Appeals are allowed.
The respondent-Police or any other police in the
State of Karnataka are directed to release the appellants
in the event of their arrest in Crime No.69/2023 registered
by Mulagund Police Station, Gadag District for the offences
punishable under Sections 504, 506 and 306 read with
Section 34 of IPC and Section 3(1)(r)(s)(2)(va) of the SC
ST (PA) Act, 2015, subject to the following conditions :
(i) Appellants shall appear before
the Investigating Officer within 15 days from
the date of receipt of the copy of this order
and shall execute a personal bond for a sum
of Rs.1,00,000/- each with 01 surety for the
like-sum to the satisfaction of the
Investigating Officer.
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(iii) Appellants shall regularly appear
before the Trial Court without fail unless
exempted by the Trial Court for valid
reasons.
(iv) Appellants shall not tamper with
the prosecution witnesses either directly or
indirectly.
(v) Appellants shall not involve in
similar offences in future.
(vi) Appellants shall co-operate with
the police for investigation.
Sd/-
JUDGE
CKK
