Karnataka High Court

Ravindranath G @ Ravindranath Kamiti G vs The State Of Karnataka By on 30 July, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

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                                                        NC: 2024:KHC:30053
                                                    CRL.A No. 1189 of 2024




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 30TH DAY OF JULY, 2024

                                        BEFORE
                      THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                          CRIMINAL APPEAL NO. 1189 OF 2024
               BETWEEN:

               1.    RAVINDRANATH G @
                     RAVINDRANATH KAMITI G
                     S/O GOWRANNA
                     AGED ABOUT 45 YEARS
                     OCC BUSINESS/ SHAMIYANA SUPPLIER
                     R/O SHAMIYANA SUPPLIES
                     UPPALAGERE VILLAGE,
                     HIRIYUR TALUK
                     CHIRADURGA DISTRICT - 572143
                                                              ...APPELLANT
               (BY SRI. P.B.UMESH, ADVOCATE)

               AND:

               1.    THE STATE OF KARNATAKA BY
Digitally            HIRIYUR RURAL POLICE STATION
signed by            HIRIYUR SUB DIVISION
LAKSHMI T
                     CHITRADURGA DISTRICT-577599.
Location:            REP. BY STATE PUBLIC PROSECUTOR
High Court
of Karnataka         HIGH COURT BUILDINGS
                     BENGALURU - 560001.

               2.    YARAGUNTAPPA
                     S/O. BHEMA BHOVI
                     AGED ABOUT 40 YEARS,
                     OCC: DRIVER,
                     R/O. ADIVALA BHOVI COLONYI
                     HIRIYUR TALUK
                     CHITRADURGA DISTRICT-572143.
                                                           ...RESPONDENTS
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                                          NC: 2024:KHC:30053
                                     CRL.A No. 1189 of 2024




(BY SRI. RANGASWAMY R., HCGP FOR R1; R2 IS SERVED)

     THIS CRL.A IS FILED U/S.14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE THE ORDER DATED 06.06.2024 IN
CRL.MISC.NO.568/2024       PASSED    BY   THE   SPECIAL    II
ADDITIONAL DISTRICT AND SESSIONS JUDGE, CHITRADURGA,
CONSEQUENTLY DIRECT THE CONCERNED POLICE OF HIRIYUR
RURAL     POLICE     STATION,      HIRIYUR    SUB-DIVISION,
CHITRADURGA         DISTRICT        TO     ENLARGE      THE
APPELLANT/ACCUSED NO.1 ON BAIL IN CR.NO.105/2024 OF
HIRIYUR RURAL POLICE STATION, HIRIYUR SUB-DIVISION,
CHITRADURGA DISTRICT (CHARGE SHEETED FOR THE
OFFENCE P/U/S 504, 323, 324, 354, 506 R/W 34 OF IPC AND
SEC.3(1)(r)(s), 3(1)(w)(i), 3(2)(va) OF SC/ST (POA) ACT), IN
THE EVENT OF HIS ARREST.

    THIS APPEAL IS COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:    HON'BLE MR JUSTICE MOHAMMAD NAWAZ

                      ORAL JUDGMENT

In this appeal preferred by accused No.1, he is

seeking to set aside the order dated 06.06.2024 passed by

the Court of Special, II Additional District and Sessions

Judge, Chitradurga in Crl.Misc No.568/2024, consequently

to release him in the event of his arrest in Crime

No.105/2024 of Hiriyur Rural Police Station, Hiriyur Sub-

division, Chitradurga District.

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2. Heard the learned counsel for appellant, learned

High Court Government Pleader for the State and perused

the material on record.

3. Respondent No.2 is served but unrepresented.

4. The above mentioned crime came to be

registered against the appellant and two others, on a

complaint lodged by respondent No.2, for offence

punishable under Sections 504, 323, 324, 354, 506 r/w 34

of IPC and Section 3(1)(r)(s), 3(1)(w)(i), 3(2)(v-a) of the

Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989, (for Short 'SC/ST Act, 1989')

5. In brief, the allegations against the accused are

that, on 10.03.2024 the complainant and his family

members had been to Uppalagere Village to perform puja

to Sri Kariyamma Devi. They had hired the Shamiyana

and utensils to cook, from the appellant by paying rent of

Rs.2,100/-. In the evening after the puja was over, the

appellant and two others picked up quarrel with the

complainant stating that the utensils were not washed

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properly. Even after the complainant told him that there is

no water near the temple and they will get the utensils

cleaned, appellant/accused No.1 abused him referring to

his caste and also assaulted him on his head with a stone.

Further, other two persons who were along with him also

abused the complainant and his relatives in filthy language

and assaulted them with the stones, hands etc and caused

injuries to them and then threatened them with dire

consequences and went away.

6. The learned Sessions Judge has rejected the

prayer of the appellant seeking anticipatory bail, observing

that, the incident took place in front of the temple and at

the time of incident other persons were also present and

there are prima facie material against the appellant for

offences alleged against him. The contention of the

learned counsel for appellant that the incident did not take

place in public view, was not accepted.

7. The learned High Court Government Pleader

has contended that CWs.1 to 10 are the material

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witnesses and out of them CWs.1 to 7 have sustained

injuries and therefore, there is a prima facie case against

the appellant. He further contended that in view of

Section 18 of the SC/ST Act, 1989, the appellant is not

entitled for the relief of anticipatory bail.

8. The learned counsel for appellant has

contended that the complainant has made false allegations

against the appellant as there was a dispute with regard to

payment of rents for the shamiyana and utensils hired by

the complainant from the appellant. He contended that

there is a case registered against the complainant herein

and others, who assaulted the appellant and others on the

very same day and in the said case the appellant herein is

a victim. He submitted that the ingredients of the

offences alleged under the SC/ST Act, 1989 are not

attracted and appellant will undertake to cooperate with

the investigation and abide by any conditions.

9. I have perused the complaint averments. A

perusal of the same goes to show that the incident

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occurred on account of a petty issue that is for not

cleaning the utensils which was supplied by the appellant

to the complainant for the puja. The incident has not

taken place on the ground that the complainant or his

family members belong to scheduled caste or scheduled

tribe. The injuries said to have been sustained by the

injured are simple in nature.

10. There is also a case registered in Crime

No.106/2024 of Hiriyur Rural Police Station, on a

complaint lodged by one Smt. Nagamani on the same day

i.e., on 10.03.2024 in connection with the incident which

took place at about 6.15 p.m., wherein it is alleged that

the complainant herein and others have quarreled, abused

and assaulted the appellant herein with stone, clubs etc.

11. In the present case, charge sheet is already

filed. Accused Nos.2 and 3 even against whom allegations

are made in the FIR, have been enlarged on anticipatory

bail by the learned Sessions Judge in criminal

Miscellaneous No.844/2024 vide order dated 08.07.2024.

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12. Hence the following:

ORDER

Appeal is allowed.

The order dated 06.06.2024 passed by the Court of

Special, 2nd Additional District and Sessions Judge,

Chitradurga in Crl.Misc No.568/2024 is set aside.

Appellant/accused No.1 in Crime No.105/2024 of

Hiriyur Rural Police Station, Chitradurga is ordered to be

released in the event of his arrest, subject to following

conditions:

i. He shall appear before the Jurisdictional Court within a period of 7 days from the date of receipt of a copy of this order and shall execute a bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) with one surety for the likesum.

ii. He shall appear before the Investigation Officer within a period of one week thereafter and shall

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cooperate with the investigation of the case, if any.