Karnataka High Court
Kallappa S/O Nagappa Baliger vs State Of Karnataka on 2 May, 2024
Author: Ravi V.Hosmani
Bench: Ravi V.Hosmani
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NC: 2024:KHC-D:6943
CRL.A No. 100189 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V.HOSMANI
CRIMINAL APPEAL NO.100189 OF 2024
(U/S 14 A(2) of SC and ST ACT-)
BETWEEN:
KALLAPPA S/O. NAGAPPA BALIGER,
AGE 46 YEARS, OCC. AGRICULTURE,
R/O MURAKATTI, TQ. DHARWAD,
PINCODE-580118.
...APPELLANT
(BY SRI NAGARAJ C. KOLLOORI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH DHARWAD RURAL POLICE STATION,
DHARWAD, REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD.
2. MANJULA W/O. BASAVARAJ BELUR,
AGE. 37 YEARS, OCC. AGRI.,
R/O. DEVARHUBBALLI, TQ. DHARWAD-580118.
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI ...RESPONDENTS
Location: HIGH
COURT OF
KARNATAKA
DHARWAD BENCH
(BY SRI PRAVEEN Y. DEVARADDIYAVAR, HCGP FOR R1,
NOTICE TO R2 IS SERVED)
THIS CRIMINAL APPEAL IS FILED U/S 14 A (2) OF SC AND ST
(POA) ACT, PRAYING TO SET ASIDE THE ORDER PASSED BY THE
COURT OF THE II ADDL. DISTRICT AND SESSIONS JUDGE,
DHARWAD AND SPECIAL COURT FOR TRIAL OF THE OFFENCES
UNDER THE P.O.C.S.O ACT AND S.C. AND S.T (P.O.A) ACT IN
DHARWAD RURAL P.S. CRIME NO.54/2024 DATED 19.03.2024 FOR
THE OFFENCE PUNISHABLE U/S.143, 147, 323, 354, 354(A), 354(B),
427, 447, 341, 504 AND 506 R/W SECTION 149 OF I.P.C AND
SECTION 3(1)(e), 3(1)(g), 3(1)(r), 3(1)(s), 3(1)(w)(i)(ii), 3(2)(va)
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NC: 2024:KHC-D:6943
CRL.A No. 100189 of 2024
OF S.C AND S.T (POA) ACT AND GRANT THE REGULAR BAIL TO THE
APPELLANT/ACCUSE NO.1 & ETC.,
THIS APPEAL IS COMING ON FOR ORDERS THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
JUDGMENT
Heard learned counsel for appellant and learned HCGP for
respondent no.1.
2. This appeal is filed under Section 14(2) of
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 (for short, 'SC/ST Act'), against order
dated 19.03.2024 passed by learned II Addl. District and
Sessions Judge, Dharwad, in Dharwad Rural P.S.Crime
No.54/2024 registered for offences punishable under Sections
143, 147, 323, 354, 354(A), 354(B), 427, 447, 341, 504 and
506 read with Section 149 of IPC and Sections 3(1)(e), 3(1)(g),
3(1)(r), 3(1)(s), 3(1)(w)(i)(ii), 3(2)(va) of SC/ST Act.
3. Appellant herein was accused no.1 in Crime
no.54/2024. As per complaint was filed on 22.02.2024 at 9.10
p.m., imputations against appellant/accused no.1 were that on
22.02.2024, when complainant was in land bearing
R.Sy.no.137/2 of Murakatti village, at about 12.15 p.m.,
accused along with his wife and others entered land on a
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Tractor and destroyed sugarcane and tomato crops by driving it
over crops. On confronting by complainant, accused held her
arm, assaulted and kicked her after uttering abuses. He pulled
her saree and slapped Karemma who tried to intervene. It is
alleged that accused abused complainant with words having
sexual references and also threatened to kill her and that said
acts were by reference to caste of complainant.
4. Sri Nagaraj C.Kolloori, learned counsel for accused
submitted that accused was arrested on 05.03.2024 and was in
custody. Bail petition filed by him was dismissed by trial Court
on 19.03.2024. It was submitted, material requirement for
constituting offences i.e., allegation that accused knowing fully
well about complainant belonging to Scheduled Castes or
Scheduled Tribes had committed acts which would constitute
offences under SC/ST Act, were missing. Therefore, none of
offences alleged could be substantiated. Further, land bearing
R.S.No.137/2 on which complainant claimed interest actually
belonged to accused and was not a public place.
5. It was submitted, reason assigned by trial Court,
that accused was politically influential and matter was still
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under investigation, would not be justified in above
circumstances for rejecting bail petition. It was submitted,
accused had earlier filed complainants in Dharwad Rural Police
Station namely Crime no.46/2024 on 27.02.2024 and Crime
no.55/2024 on 23.02.2024 against complainant's husband etc.,
at whose instance and as counterblast, present complaint was
filed. But, said aspects were not taken note of. On above
grounds, sought for allowing appeal.
6. On other hand, learned HCGP for respondent State
opposed appeal. It was submitted, complaint was filed on very
date of occurrence of incident, without any delay and incident
occurred in presence of eyewitnesses. Further, complainant had
clearly stated that there was reference to caste of complainant.
Thus, ingredients for offences were present justifying rejection
of bail application. It was further submitted that in case
accused secured bail, there was likelihood of tampering with
witnesses and investigation.
7. Heard learned counsel for appellant and learned
HCGP for respondent-State. It is seen that on 04.04.2024,
notice to complainant was ordered and as per report dated
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20.04.2024, complainant was informed. Complainant has
however, not appeared and opposed appeal.
8. From above, it is seen that offences alleged against
appellant/accused are mainly under provisions of SC/ST Act. In
order to constitute offences under said Act, material allegation
about accused committing acts knowing fully well that
complainant belonged to Schedule Caste or Tribes would be
necessary. Whether averment that assault/abuses were with
reference to accused belonging to lower caste would be
sufficient would be matter of trial.
9. History of civil litigation and complaints filed by
accused were not considered while rejecting bail application.
None of offences alleged are punishable by death or
imprisonment for life. Therefore, impugned order passed would
not be sustainable and appellant-accused no.1 would be
entitled for bail by imposing conditions. Hence, I proceed to
pass following:
ORDER
Appeal is allowed.
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Impugned order dated 19.03.2024 passed in Dharwad
Rural P.S.Crime No.54/2024 by the learned II Addl. District and
Sessions Judge, Dharwad, is set aside.
Consequently, appellant/accused no.1 is ordered to be
released on bail in Dharwad Rural P.S. Crime no.54/2024,
subject to following conditions:
i) Appellant-accused no.1 shall execute a personal
bond for a sum of Rs.50,000/- (Rupees fifty
thousand only) with one solvent surety for likesum
to satisfaction of enlarging Court.
ii) Appellant-accused no.1 shall cooperate with
investigating officer in investigation and shall not
tamper with prosecution witnesses.
iii) Appellant/accused no.1 shall attend Court on all
dates of hearing unless exempted and co-operate in
speedy disposal of case.
iv) Appellant/accused no.1 shall not enter Devara
Hubballi village.
Sd/-
JUDGE
CKK/AM
