Karnataka High Court
Basavaraj vs The State Of Karnataka And Anr on 4 July, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.A No. 200161 of 2024
C/W CRL.A No. 200166 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL APPEAL NO. 200161 OF 2024 (U/S 14 (A))
C/W
CRIMINAL APPEAL NO. 200166 OF 2024
IN CRIMINAL APPEAL NO. 200161 OF 2024
BETWEEN:
1. MADIVALAPPA
S/O GURANNAGOUDA MALIPATIL
AGE: 28 YEARS
OCC: AGRICULTURE
R/O. HAVALAGA VILLAGE
Digitally TQ: AFZALPUR
signed by DIST: KALABURAGI-585 301.
SHILPA R
TENIHALLI
Location:
HIGH 2. SIDDARAM @ SIDDALING
COURT OF
KARNATAKA S/O REVANASIDDAPPA PUJARI
AGE: 24 YEARS
OCC: AGRICULTURE
R/O. HAVALAGA VILLAGE
TQ: AFZALPUR
DIST: KALABURAGI-585 301
3. LAXMIPUTRA
S/O SIDDAPPA NATIKAR
AGE: 24 YEARS
OCC: AGRICULTURE
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CRL.A No. 200161 of 2024
C/W CRL.A No. 200166 of 2024
R/O. HAVALAGA VILLAGE
TQ: AFZALPUR
DIST: KALABURAGI-585 301
4. SHEKHAR
S/O HALAPPA TALAWAR
AGE: 23 YEARS
OCC: AGRICULTURE
R/O. KURUBATHALLI VILLAGE
TQ: ALMELA
DIST: VIJAYAPURA
NOW AT HAVALAGA VILLAGE
TQ: AFZALPUR
DIST: KALABURAGI
...APPELLANTS
(BY SRI B. BHIMASHANKAR & SRI PRADEEP KUMAR,
ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
THROUGH AFZALPUR POLICE STATION
REPTD. BY ADDITIONAL
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
KALABURAGI-585 102.
2. NAGAPPA
S/O HIRAGAPPA HOLIKERI
AGE: 52 YEARS
OCC: COOLIE
R/O. HAVALAGA VILLAGE
TQ: AFZALPUR
DIST: KALABURAGI-585 301
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R1;
SRI S.N. PADSHETTY AND SRI S.M.PATIL,
ADVOCATES FOR R2)
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CRL.A No. 200161 of 2024
C/W CRL.A No. 200166 of 2024
THIS CRL.A IS FILED U/SEC. 14-A (2) OF SC/ST (PA)
ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE
THE IMPUGNED ORDER PASSED IN CRL. MISC. NO.
0851/2024 DATED 11.06.2024 BY THE LEARNED II
ADDITIONAL DISTRICT AND SESSIONS JUDGE AT
KALABURAGI AND ENLARGE THE APPELLANTS ON
REGULAR BAIL IN CRIME NO.0133/2024 REGISTERED BY
AFZALPUR POLICE STATION FOR THE OFFENCES
PUNISHABLE P/U/S. 143, 147, 148, 323, 324, 307, 504,
506 R/W 149 THE INDIAN PENAL CODE 1860 R/W SEC
3(1)(r), (s), 3(1)(za),(2)(v) OF THE SC AND THE ST
(PREVENTION OF ATROCITIES ACT 1989).
IN CRIMINAL APPEAL NO. 200166 OF 2024
BETWEEN:
BASAVARAJ
S/O GURUSIDDAPPA NATIKAR
AGE: 33 YEARS
OCC: AGRICULTURE
R/O. HAVALAGA VILLAGE
TQ: AFZALPUR
DIST: KALABURAGI-585 301.
...APPELLANT
(BY SRI B. BHIMASHANKAR, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH AFZALPUR POLICE STATION
REPTD BY ADDITIOANL
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
KALABURAGI-585 102.
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CRL.A No. 200161 of 2024
C/W CRL.A No. 200166 of 2024
2. NAGAPPA
S/O HIRAGAPPA HOLIKERI
AGE: 52 YEARS
OCC: COOLIE
R/O. HAVALAGA VILLAGE
TQ: AFZALPUR
DIST: KALABURAGI-585 301.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP FOR R1;
SRI S.N. PADSHETTY AND SRI S.M.PATIL,
ADVOCATES FOR R2)
THIS CRL.A IS FILED U/SEC.14-A (2) OF SC/ST (PA)
ACT, PRAYING TO ALLOW THE APPEAL AND SET ASIDE
THE IMPUGNED ORDER PASSED IN CRL. MISC.
NO.0831/2024 DATED 11.06.2024 BY THE LEARNED II
ADDITIONAL DISTRICT AND SESSION JUDGE AT
KALABURAGI AND ENLARGE THE APPELLANT ON
ANTICIPATORY BAIL IN THE EVENT OF HIS ARREST IN
CRIME NO.133/2023 REGISTERED BY AFZALPUR POLICE
STATION FOR THE OFFENCES PUNISHABLE U/S. 143, 147,
148, 323, 324, 307, 504, 506 R/W SEC. 149 OF THE
INDIAN PENAL CODE 1860 R/W SEC. 3(1), (R), 3(1)(S),
3(1), (ZA), 3(2)(V) OF THE SC AND THE ST (PREVENTION
OF ATROCITIES ACT, 1989) PENDING BEFORE THE
LEARNED II ADDL DISTRICT AND SESSION JUDGE AT
KALABURAGI.
THESE APPEALS, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.A No. 200161 of 2024
C/W CRL.A No. 200166 of 2024
JUDGMENT
1. These two appeals filed under Section 14A (2) of the
Scheduled Castes and the Schedules Tribes (Prevention of
Atrocities) Act, 1989 (hereinafter referred to as 'the SC/ST
(POA) Act' for short), arise out of Crime No.133/2024
registered by Afzalpur Police Station, Kalaburagi for the
offences punishable under Sections 143, 147, 148, 323,
324, 307, 504, 506 and 149 of IPC and under Sections
3(1)(r)(s), 3(1)(za) and 2(v) of the SC/ST (POA) Act, on
the basis of the first information dated 18.05.2024
received from respondent No.2 herein and therefore, the
appeals are heard together and disposed of by this
common order.
2. Heard the learned counsel for the appellants, the
learned HCGP for respondent No.1 and learned counsel for
respondent No.2, who has filed his statement of objections
opposing the prayer made in the appeal memorandum.
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3. FIR in Crime No.133/2024 was registered by Afzalpur
Police Station, Kalaburagi, for the aforesaid offences
against Siddugoud Malipatil and seven others. The
appellants in Criminal Appeal No.200161/2024 are
arraigned as accused Nos.2, 3, 6 and 7 in the FIR. During
the course of investigation, they were arrested on
25.05.2024. Bail application filed by them before the
jurisdictional Sessions Court in Crl.Misc.No.851/2024 was
rejected on 11.07.2024. The appellant in Criminal Appeal
No.200166/2024 is arraigned as accused No.5 in the FIR.
Apprehending his arrest in the said case, he had filed
Crl.Misc.No.831/2024 before the jurisdictional Sessions
Court, which was dismissed on 11.07.2024. Therefore,
accused Nos.2, 3, 6, 7 and 5 are before this Court in these
two appeals.
4. Learned counsel for the appellants submits that the
injured has not suffered any grievous injury in the alleged
incident that had taken place on the intervening night of
16.05.2024 and 17.05.2024. No specific overt acts are
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alleged as against any one of accused in the first
information. The allegations made in the first information
prima facie would not attract the alleged offences more so,
the offences under the SC/ST (POA) Act. Accordingly, he
prays to allow the appeals.
5. Per contra, learned HCGP for respondent No.1 and
learned counsel for respondent No.2 have strongly
opposed the prayer made in the appeal memorandum.
They submit that the appellants are indulged in illegal
transport of sand and there are multiple FIRs registered
against them. The manner in which the crime is committed
would go to show the high handed acts of the appellants,
who are the members of a mafia indulged in theft of sand.
Accordingly, they pray to dismiss the appeals.
6. FIR in Crime No.133/2024 was registered by Afzalpur
Police Station, Kalaburagi, for the aforesaid offences on
the basis of the first information submitted by respondent
No.2, who is the father of injured victim Sudhir Holikeri. In
the first information, it is averred that on the intervening
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night of 16.05.2024 and 17.05.2024 at about 01.40 a.m.,
the accused persons named in the FIR came near the
house of the first informant and after calling Sudhir
outside the house, dragged him towards Samudhaya
Bhavan and started assaulting him on the ground that he
had passed on the information to the police about accused
persons transporting sand. Immediately, the first
informant went to the said spot and accused persons
abused the first informant and his son Sudhir referring to
their caste and criminally intimidated them. The accused
persons allegedly assaulted Sudhir with deadly weapons
and stones and caused fatal injuries to him and when
Sudhir started shouting, the neighbourers came there and
rescued him. Immediately thereafter, Sudhir was shifted
to District Government Hospital for treatment. Thereafter
on 18.05.2024 at about 21.00 hours, the first informant
had approached the police and submitted his complaint
based on which FIR in Crime No.133/2024 was registered.
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7. The material on record would go to show that there
is a delay in registering the FIR. From a reading of the
averments made in the first information, it is seen that
omnibus allegations are made against all the accused
persons and no specific overt acts of any one of the
accused is mentioned in the first information. Further, it is
also seen that it is not averred in the first information that
accused persons had abused the first informant and his
son referring to their caste in public view. Therefore, a
serious doubt arises as to whether the provisions of SC/ST
(POA) Act, gets attracted in the present case.
8. Be that as it may, the Wound Certificate of the victim
Sudhir which is made available to this Court by learned
HCGP would go to show that he had suffered only simple
injuries in the incident in question. Further, in the Wound
Certificate, it is stated that the incident had taken place on
16.05.2024 at about 11.00 a.m. Therefore, the
correctness of the allegations found in the first information
also becomes doubtful. In the objection statement filed by
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respondent No.2, he has produced a copy of the FIR
registered in three criminal cases against the appellants
herein. All the said three FIRs registered in Crime
Nos.115/2024, 117/2024 and 119/2024 are for the
offence punishable under Section 379 of IPC and the same
is registered by Afzalpur Police Station, Kalaburagi on
29.04.2024. Since the appellants are allegedly involved in
committing theft of sand and illegal transportation of the
same, it is necessary to impose stringent conditions on
them while granting relief sought for by them in these
appeals.
9. Accordingly, the appeals are allowed. The impugned
orders passed by the Court of II Addl. District and
Sessions Judge, Kalaburagi in Crl.Misc.No.851/2024 and
Crl.Misc.No.831/2024 dated 11.07.2024 are set-aside.
10. Accused Nos.2, 3, 6 and 7 (appellants in
Crl.A.No.200161/2024) are directed to be enlarged on bail
in Crime No.133/2024 registered by Afzalpur Police
Station, Kalaburagi for the offences punishable under
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Sections 143, 147, 148, 323, 324, 307, 504, 506 and 149
of IPC and under Sections 3(1)(r)(s), 3(1)(za) and 2(v) of
the SC/ST (POA) Act, subject to the following conditions:
a) Appellants/accused Nos.2, 3, 6 and 7 shall
execute a personal bond for a sum of
Rs.1,00,000/- each with two sureties for
the likesum, to the satisfaction of the
jurisdictional Court;
shall appear regularly on all the dates of
hearing before the Trial Court unless the
Trial Court exempts their appearance for
valid reasons;
shall not directly or indirectly threaten or
tamper with the prosecution witnesses;
shall not involve in any similar offences in
future and in the event of involvement of
the appellants/accused Nos.2, 3, 6 and 7 in
any similar case in future, respondents are
at liberty to seek cancellation of the bail
granted by this Court.
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11. The respondent - Police or any other police in the
State of Karnataka are directed to release accused No.5
(appellant in Crl.A.No.200166/2024) in the event of his
arrest in Crime No.133/2024 registered by Afzalpur Police
Station, Kalaburagi for the offences punishable under
Sections 143, 147, 148, 323, 324, 307, 504, 506 and 149
of IPC and under Sections 3(1)(r)(s), 3(1)(za) and 2(v) of
the SC/ST (POA) Act, subject to the following conditions:
1. The Appellant/accused No.5 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/- with two
sureties for the likesum to the satisfaction
of the investigating officer.
2. Appellant/accused No.5 shall regularly
appear before the Trial Court without fail
unless exempted by the Trial Court for valid
reasons.
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3. Appellant/accused No.5 shall not tamper
with the prosecution witness and he shall
co-operate with the police for investigation
and appear before them whenever called
upon.
4. The Appellant/accused No.5 shall not
involve in any similar offences in future and
in the event of involvement of the
appellant/accused No.5 in any similar case
in future, respondents are at liberty to seek
cancellation of the bail granted by this
Court.
Sd/-
JUDGE
DN
