Karnataka High Court

Siddalingappa Basavanyappa ... vs The State Of Karnataka on 28 June, 2024

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                                                               NC: 2024:KHC-D:8824
                                                               CRL.A No. 100306 of 2024




                                 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                       DATED THIS THE 28TH DAY OF JUNE, 2024

                                                      BEFORE

                                        THE HON'BLE MR JUSTICE S.RACHAIAH

                                       CRIMINAL APPEAL NO. 100306 OF 2024

                                           (U/S 14 A(2) of SC and ST ACT-)

                            BETWEEN:

                            SIDDALINGAPPA BASAVANYAPPA AGASANAHALLI,
                            AGED ABOUT 64 YEARS, OCC: AGRICULTURIST,
                            R/O: KALANGI, DASANKOPPA, BANAVASI,
                            SIRSI, TALUK: SIRSI,
                            UTTARA KANNADA(KARWAR),
                            PIN - 581358.
                                                                              ...APPELLANT
                            (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE)

                            AND:

                            1.   THE STATE OF KARNATAKA
                                 THROUGH PSI, BANAVASI POLICE STATION,
                                 REPRESENTED BY ITS STATE PUBLIC PROSECUTOR
                                 S.P.P OFFICE, HIGH COURT OF KARNATAK,
                                 DHARWAD PIN - 580011.
CHANDRASHEKAR   HIGH
LAXMAN
KATTIMANI
                COURT OF
                KARNATAKA
                            2.   SRI. UMESH RAMAPPA KARAGASKAR
                                 AGED ABOUT 28 YEARS,
                                 OCC: LABOURER, R/O: KALANGI,
                                 DASANKOPPA, BANAVASI, SIRSI,
                                 TALUK SIRSI,
                                 UTTARA KANNADA (KARWAR),
                                 PIN 581358.

                            3.   SRI. PRASHANTH BASAVARAJ BALIHALLI,
                                 AGE: NOT KNOWN, R/O: KALANGI,
                                 DASANKOPPA, BANAVASI, SIRSI,
                                 TALUK SIRSI,
                                 UTTARA KANNADA (KARWAR),
                                 PIN 581358.
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                                   NC: 2024:KHC-D:8824
                                   CRL.A No. 100306 of 2024




4.    SRI. RAJUGOUDA SIDDANAGOUDA PATIL,
      AGE: NOT KNOWN, R/O: KALANGI,
      DASANKOPPA, BANAVASI, SIRSI,
      TALUK SIRSI,
      UTTARA KANNADA (KARWAR),
      PIN 581358.

5.    SRI. NINGAPPA NINGAPPA KADIKOPPA,
      AGE: NOT KNOWN, R/O: KALANGI,
      DASANKOPPA, BANAVASI, SIRSI,
      TALUK SIRSI,
      UTTARA KANNADA (KARWAR),
      PIN 581358.

6.    SRI. MALTESH GUTYAPPA MADKESHWAR
      AGE: NOT KNOWN, R/O: KALANGI,
      DASANKOPPA, BANAVASI, SIRSI,
      TALUK SIRSI,
      UTTARA KANNADA (KARWAR),
      PIN 581358.
                                              ...RESPONDENTS

(BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, ADVOCATE
R2 SERVED)

       THIS CRIMINAL APPEAL IS FILED U/S 14 A(2) OF SC AND ST
(POA) ACT 1989 R/W 438 OF CR.P.C., SEEKING TO SET ASIDE THE
ORDER DATED 31.05.2024 PASSED BY THE COURT OF THE IIND
ADDL. DISTRICT AND SESSIONS JUDGE, AT UTTARA KANNADA,
KARWAR IN CRL.MISC.NO.185/2024 AND CONSEQUENTLY ALLOW
THE     PRESENT   CRIMINAL    APPEAL   BY   ENLARGING    THE
APPELLANT/ACCUSED NO.3 IN THE EVENT OF HIS ARREST ON SUCH
TERMS AND CONDITIONS IN BANAVASI P.S. CRIME NO.0041/2024
REGISTERED FOR THE OFFENCE PUNISHABLE U/S 341, 504, 302,
307, 326, R/W 34 OF IPC AND SECTION 3(1)(r), 3(1)(s), 3(2)(v)
AND 3(2)(va) OF THE SCHEDULE CASTES AND THE SCHEDULED
TRIBES (PREVENTION OF ATROCITIES) AMENDMENT ACT, 2015, IN
SO FAR AS PRESENT APPELLANT/ACCUSED NO.3 IS CONCERNED.
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                                  NC: 2024:KHC-D:8824
                                  CRL.A No. 100306 of 2024




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


                        JUDGMENT

Heard Sri Chetan T.Limbikai, learned counsel for the

appellant and Smt. Praveena Y.Devareddiyavara, learned

High Court Government Pleader for the respondent-State.

2. The appellant is before this Court seeking

anticipatory bail in Crime No.41/2024 of Banavasi Police

Station, for the offences punishable under Sections U/S

341, 504, 302, 307, 326, r/w 34 of IPC and Section

3(1)(r), 3(1)(s), 3(2)(V) and 3(2)(v-a) of the Schedule

Castes and The Scheduled Tribes (Prevention Of Atrocities)

Amendment Act, 2015 of Indian Penal Code (For Short

"IPC").

3. It is the case of the prosecution that the

complainant is the resident of Dasanakoppa, Sirsi Taluk. In

his complaint, it is stated that accused Nos.1 and 2 were

not in good terms with other villagers. They were always

NC: 2024:KHC-D:8824

quarreling with others even for petty reasons. On

17.04.2024, around 7.00pm, accused No.2 along with his

mother were distributing the invitation card to the

villagers. In the said process, again, he quarreled with the

villagers in respect of even distribution of the invitation

cards. In the meantime, the complainant was coming on

his bike on the same road. The accused No.2 restrained

him and scolded by naming his caste and assaulted him

after felling him on the ground. Accused No.3 tried to

assault the complainant. However, he was restrained by

the other villagers. Accused No.2 instructed accused No.1

to run over the car on the villagers. Accused No.1 went to

his house, brought the car and ran over on the villagers

and caused injuries. Immediately, they were shifted to

the hospital for treatment. Thereafter, he lodged a

complaint against accused Nos.1 to 3. The appellant is

arrayed as accused No.3. The investigation is under

progress.

4. It is the submission of the learned counsel for

the appellant that the allegation made against the

NC: 2024:KHC-D:8824

appellant is that he tried to assault the complainant with

wooden club. However, he was restrained by the villagers.

The entire averments of the complaint wound not disclose

anything regarding abuse or insult in respect of the

community of the complainant. Therefore, in view of the

judgment of Hon'ble Supreme Court, if the averments are

not made out to constitute the offence in respect of the

community of the complainant, the appeal in respect of

anticipatory bail may be interfered and allowed.

5. It is further submitted that the appellant has

not committed any offence and he is the permanent

resident of Kalangi, Dasanakpooa village and aged about

64 years and was working as agriculturist. He will abide

the conditions imposed by this Court, in the event of his

release on bail. Making such submission, the learned

counsel for the appellant prays to allow the petition.

6. Per contra, the learned High Court Government

Pleader for respondent No.1/State vehemently opposed

the appeal and submitted that the accused Nos.1 and 2

along with accused No.3 who is the present appellant

NC: 2024:KHC-D:8824

herein had also insulted in the public by naming the caste

of the complainant. Therefore, there is a bar under section

18A(2) of Scheduled Caste and the Scheduled Tribes

(Prevention of Atrocities) Amendment Act 2015. Therefore,

it is not appropriate to grant any relief as prayed for.

Making such submission, the learned HCGP prays to

dismiss the appeal.

7. Having heard the learned counsel for the

respective parties and also perused the averments of the

complaint, it can be inferred that the appellant was trying

to assault the complainant with wooden log. However, he

did not scold by naming the caste of the complainant.

Prima facie, I am of the opinion that the appellant neither

scolded the complainant nor assaulted the complainant.

Therefore, it is appropriate to grant him bail by imposing

suitable conditions. Hence, I proceed to pass the following:

ORDER

The appeal is allowed.

NC: 2024:KHC-D:8824

The appellant is ordered to be enlarged on bail in

Crime No.41/2024 of respondent Police Station in the

event of his arrest, on executing a personal bond for a

sum of Rs.1,00,000/- (Rupees One lakh only) with one

surety for the likesum to the satisfaction of the

jurisdictional police and also the Trial Court, subject to the

following conditions:-

a) The appellant shall appear before the

jurisdictional police station within one month

days from today.

b) The appellant shall cooperate with the

investigation and when it is required.

     c) The     appellant      shall    not      tamper       the

         prosecution     witnesses       nor     hamper       the

         proceedings of the Court.