Karnataka High Court

Rohit vs The State Of Karnataka And Anr on 3 July, 2024

Author: S.Vishwajith Shetty

Bench: S.Vishwajith Shetty

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                                               NC: 2024:KHC-K:4510
                                               CRL.A No. 200160 of 2024




                         IN THE HIGH COURT OF KARNATAKA,

                                KALABURAGI BENCH

                       DATED THIS THE 3RD DAY OF JULY, 2024

                                      BEFORE
                   THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

                  CRIMINAL APPEAL NO.200160 OF 2024 [U/S 14 (A)]
             BETWEEN:

                   ROHIT S/O NAGARAJ JOKE
                   AGE: 25 YEARS, OCC: BUSINESS
                   R/O. LALGERI
                   NEAR AMBABHAVANI TEMPLE,
                   BRAHMPUR KALABURAGI-585 101.
                                                           ...APPELLANT
             (BY SRI RAJESH DODDAMANI, ADVOCATE)

             AND:

             1.    THE STATE OF KARNATAKA
                   CHOWK POLICE STATION,
                   KALABURAGI CITY,
Digitally
signed by          NOW REPRESENTED BY
SHILPA R
TENIHALLI          THE ADDITIONAL STATE
Location:
HIGH COURT         PUBLIC PROSECUTOR
OF
KARNATAKA          HIGH COURT OF KARNATAKA,
                   KALABURAGI BENCH-585 103.

             2.    KARTIK
                   S/O MAREPPA KARAKA
                   AGE: 16 YEARS, OCC: STUDENT,
                   R/O. HIRAPUR VILLAGE,
                   TQ: AND DIST: KALABURAGI-585 103.
                                                        ...RESPONDENTS
             (BY SMT. ANITA M. REDDY, HCGP FOR R1;
             R2 SERVED)
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                                  NC: 2024:KHC-K:4510
                                  CRL.A No. 200160 of 2024




     THIS CRL.A IS FILED U/SEC.14-A (2) OF SC/ST (POA)
ACT, PRAYING TO SET ASIDE THE ORDER DATED 10.06.2024
PASSED BY THE HONOURABLE II ADDL DISTRIC AND SESSION
JUDGE KALABURAGI IN CRIMINAL MISC. NO.828/2024 AND
CONSEQUENTLY ENLARGE THE APPELLANT/A-2 (AS PER
REMIND SHEET) ON BAIL IN CONNECTION WITH CRIME
NO.65/2024 OF CHOWK POLICE STATION, KALABURAGI,
REGISTERED FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 365, 392, 506, 323, 307 R/W SEC 34 OF INDIAN
PENAL CODE AND SECTION 3(1)(R) AND 3(2)(V) OF SC/ST
(POA) ACT, 1989, NOW PENDING ON THE FILE OF
HONOURABLE II ADDITIONAL DISTRICT AND SESSIONS JUDGE
KALABURAGI, IN CRIME NO.65/2024.


    THIS APPEAL COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                       JUDGMENT

Accused No.2 in Crime No.65/2024 registered by

Chowk Police Station, Kalaburagi City for the offences

punishable under Sections 365, 392, 506, 323, 307 read

with Section 34 of IPC and Sections 3(1)(r) and 3(2)(V) of

the Scheduled Caste and Scheduled Tribe (Prevention of

Atrocities) Act, 1989 (for short 'SC/ST (POA) Act') is

before this Court in this appeal filed under Section 14-A(2)

of the SC/ST (POA) Act with a prayer to enlarge him on

regular bail.

2. Heard learned counsel for the parties.

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3. The FIR in Crime No.65/2024 was registered by

Chowk Police Station, Kalaburagi City for the aforesaid

offences against one Vijayakumar and others on the basis

of the first information dated 05.05.2024 received from

Kartik. During the course of investigation, the appellant

herein, who is arrayed as accused No.2 in the FIR was

arrested on 19.05.2024 and remanded to judicial custody.

The bail application filed by him before the jurisdictional

Sessions Court in Crl.Misc.No.828/2024 was rejected on

10.06.2024. Therefore, he is before this Court.

4. Learned counsel for the appellant having

reiterated the grounds urged in the appeal memorandum

submits that the allegation of assault on Ganesh is only as

against accused No.1. The appellant allegedly had

assaulted one Veeresh and he has suffered only simple

injuries in the incident in question. The appellant has no

criminal antecedents and is a youngster, aged about 25

years. The major portion of the investigation is over.

Accordingly, he prays to allow the appeal.

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5. Per contra, learned High Court Government

Pleader has opposed the prayer made in the appeal. She

submits that the injured Ganesh has suffered grievous

injuries in the incident in question and he was in hospital

for a considerable period of time. She submits that the

appellant had a common intention along with other

accused persons and therefore, at this stage, he is not

entitled for the relief sought for in the appeal.

Accordingly, she prays to dismiss the appeal.

6. Perusal of the averments made in the FIR dated

05.05.2024 submitted by the first informant in respect of

the incident that had taken place on the intervening night

of 04.05.2024 and 05.05.2024 would go to show that on

the night of 04.05.2024 at about 9.30 p.m. the first

informant had gone to attend the birthday party of his

friend Abhishek and when he was returning, his friend

Ganesh called him at about 11.30 p.m. and handed over

to him a sum of Rs.120/- and asked him to bring a bottle

of water and one packet Bristol. The first informant had

NC: 2024:KHC-K:4510

therefore gone to a grocery shop for the purpose of

purchasing a water bottle and packet of Bristol and when

he took out money from his pocket for the purpose of

buying the aforesaid articles, he also accidentally took out

a Rs.500/- note which was in his packet. At that time, two

persons who were standing near the grocery shop asked

him to handover the said Rs.500/- note. When he

refused, said two persons took him along with them and

thereafter called his brother Samprit over phone and

criminally intimidated him. One person amongst the two

forcibly took the Rs.500/- note which the first informant

had with him and returned a sum of Rs.50/- and asked

him to buy a packet of cigarette for his brother and while

leaving the spot, one of them had assaulted him with his

hands on his cheek. Thereafter, when his brother Samprit

and his friends came, he informed them about the incident

and therefore, all of them including Ganesh went in search

of the aforesaid two persons, who had taken away

Rs.500/- from the first informant. At about 1.00 a.m. they

found aforesaid two persons sitting near puncture shop

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and when the first informant and others went and

enquired with them as to why they had threatened him,

accused No.1 allegedly assaulted Ganesh on his head with

a stone which was lying there and as a result, he fell

down. The appellant allegedly assaulted Veeresh, who

was along with the first informant with a stone on his

back. Ganesh was subsequently shifted to hospital by the

first informant, his brother and others and admitted in the

hospital for treatment. The allegation of assaulting

Ganesh with a stone on his head is only as against

accused No.1. The appellant had allegedly assaulted

Veeresh with a stone and Veeresh had only suffered

simple injuries as a result of assault.

7. Considering the allegations found in the first

information, a serious doubt arises as to whether the

provisions of the SC/ST (POA) Act would be attracted in

the present case. Undisputedly, the appellant, who has no

criminal antecedents is in custody from 19.05.2024 and he

is a youngster, aged about 25 years. The major portion of

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the investigation in the case is completed. Under the

circumstances, the prayer made by the appellant in this

appeal requires to be granted. Accordingly, following

order is passed:

ORDER

The appeal is allowed.

The impugned order passed by the Court of II

Additional District and Sessions Judge, Kalaburagi in

Crl.Misc.No.828/2024 dated 10.06.2024 is set aside.

The appellant is directed to be enlarged on bail in

Crime No.65/2024 of Chowk Police Station, Kalaburagi

City, registered for the offences punishable under Sections

365, 392, 506, 323, 307 read with Section 34 of IPC and

Sections 3(1)(r) and 3(2)(V) of the SC/ST (POA) Act,

pending before the Court of II Additional District and

Sessions Judge, Kalaburagi, subject to the following

conditions:

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a) The appellant shall execute personal bond for a sum of Rs.1,00,000/- with two sureties for the likesum, to the satisfaction of the jurisdictional Court;

b) The appellant shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons;