Karnataka High Court

Ayaz Khan And Anr vs The State Of Karnataka And Anr on 11 November, 2024

Author: Mohammad Nawaz

Bench: Mohammad Nawaz

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                                                            NC: 2024:KHC-K:8318
                                                   CRL.A No. 200261 of 2024
                                               C/W CRL.A No. 200259 of 2024
                                                   CRL.A No. 200263 of 2024


                              IN THE HIGH COURT OF KARNATAKA,

                                      KALABURAGI BENCH

                          DATED THIS THE 11TH DAY OF NOVEMBER, 2024

                                            BEFORE
                          THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
                        CRIMINAL APPEAL NO. 200261 OF 2024 (U/S 14 (A)
                                             C/W
                             CRIMINAL APPEAL NO. 200259 OF 2024
                             CRIMINAL APPEAL NO. 200263 OF 2024


                   CRIMINAL APPEAL NO. 200261 OF 2024

                   BETWEEN:

                   1.    AYAZ KHAN
                         S/O USMAN KHAN
                         AGE: 23 YEARS,
                         OCC: STUDENT
                         R/O TIPPUSULTAN COLONY, W.NO.12,
                         SINDHANUR - 584 128.
Digitally signed
by KHAJAAMEEN      2.    ASIF S/O HAJI SAB
L MALAGHAN
                         AGE: 22 YEARS, OCC: STUDENT
Location: HIGH
COURT OF                 R/O TIPPUSULTAN COLONY, W.NO.12,
KARNATAKA                SINDHANUR - 584 128.

                                                                  ...APPELLANTS

                   (BY SRI. HARSHAWARDHANAGOUDA PATIL, ADVOCATE)

                   AND:

                   1.    THE STATE OF KARNATAKA
                         BY SHO SINDHANUR TOWN PS
                         R/BY ADDL. SPP
                         HIGH COURT OF KARNATAKA
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                               CRL.A No. 200261 of 2024
                           C/W CRL.A No. 200259 of 2024
                               CRL.A No. 200263 of 2024


     KALABURAGI BENCH - 585102.

2.   BALAPPA KANTEPPA VAKRANI
     AGE: 19 OCC: STUDENT
     R/O RAITNAGAR CAMP, TQ: SINDHANUR
     DIST: RAICHUR - 584128.

                                         ...RESPONDENTS

(BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1)

     THIS CRL.A IS FILED U/SEC.14 A(2) OF SC/ST
(PREVENTION OF ATROCITIES) ACT R/W BNSS, PRAYING TO
ENLARGE THE APPELLANTS ON ANTICIPATORY BAIL IN THE
EVENT OF THEIR ARREST IN SINDHANUR PS CRIME
NO.122/2024 FOR THE OFFENCES PUNISHALBE U/S 189(2),
191(2), 352, 115(2), 351(2), 310(2) AND 190 OF BNSS AND
UNDER SEC.3(1)(r), 3(1)(s), 3(2)(va) of SC/ST PREVENTION
OF ATROCITIES PENDING BEFORE THE III ADDL. CIVIL &
SESSIONS COURT, RAICHUR, SITTING AT SINDHANUR.


CRIMINAL APPEAL NO. 200259 OF 2024:
BETWEEN:
MOHAMMAD NOUMAN S/O NAYEEM PASHA
AGE: 22 YEARS, OCC: STUDENT
R/O NEAR BANDENAWAZ DARGA, KHASABWADI,
W.NO.1 COLONY, W.NO.12, SINDHANUR TQ:
DIST: RAICHUR - 584 128.
                                             ...APPELLANT

(BY SRI. HARSHAWARDHANAGOUDA PATIL, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY SHO SINDHANUR TOWN PS
     R/BY ADDL. SPP
     HIGH COURT OF KARNATAKA
     KALABURAGI BENCH - 585 102.

2.   BALAPPA KANTEPPA VAKRANI
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                               CRL.A No. 200261 of 2024
                           C/W CRL.A No. 200259 of 2024
                               CRL.A No. 200263 of 2024


     AGE: 19 OCC: STUDENT
     R/O RAITNAGAR CAMP, TQ: SINDHANUR
     DIST: RAICHUR - 584 128.

                                         ...RESPONDENTS

(BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1)

     THIS CRL.A IS FILED U/SEC.14 A(2) OF SC/ST
(PREVENTION OF ATROCITIES) ACT R/W BNSS, PRAYING TO
ENLARGE THE APPELLANTS ON ANTICIPATORY BAIL IN THE
EVENT OF HIS ARREST IN SINDHANUR PS CRIME NO.122/2024
FOR THE OFFENCES PUNISHALBE U/S 189(2), 191(2), 352,
115(2), 351(2), 310(2) AND 190 OF BNSS AND UNDER
SEC.3(1)(r), 3(1)(s), 3(2)(va) of SC/ST PREVENTION OF
ATROCITIES ACT PENDING BEFORE THE III ADDL. DISTRICT &
SESSIONS COURT, SITTING AT SINDHANUR.


CRIMINAL APPEAL NO. 200263 OF 2024:
BETWEEN:
MOHAMMAD KASIF SUHAIL S/O NASSEER ALI
AGE: 26 YEARS, OCC: BUSINESS,
R/O NATARAJ COLONY, W.NO.11,
SINDHANUR TQ:
DIST: RAICHUR - 584128.
                                             ...APPELLANT

(BY SRI. HARSHAWARDHANAGOUDA PATIL, ADVOCATE)

AND:

1.   THE STATE OF KARNATAKA
     BY SHO SINDHANUR TOWN PS
     R/BY ADDL. SPP
     HIGH COURT OF KARNATAKA
     KALABURAGI BENCH - 585102.

2.   BALAPPA KANTEPPA VAKRANI
     AGE: 19 OCC: STUDENT
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                                            NC: 2024:KHC-K:8318
                                     CRL.A No. 200261 of 2024
                                 C/W CRL.A No. 200259 of 2024
                                     CRL.A No. 200263 of 2024


   R/O RAITNAGAR CAMP, TQ: SINDHANUR
   DIST: RAICHUR - 584128.

                                                ...RESPONDENTS

(BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1)

     THIS CRL.A IS FILED U/SEC.14 A(2) OF SC/ST
(PREVENTION OF ATROCITIES) ACT R/W BNSS, PRAYING TO
ENLARGE THE APPELLANTS ON ANTICIPATORY BAIL IN THE
EVENT OF HIS ARREST IN SINDHANUR PS CRIME NO.122/2024
FOR THE OFFENCES PUNISHALBE U/S 189(2), 191(2), 352,
115(2), 351(2), 310(2) AND 190 OF BNSS AND UNDER
SEC.3(1)(r), 3(1)(s), 3(2)(va) of SC/ST PREVENTION OF
ATROCITIES ACT PENDING BEFORE THE III ADDL. DISTRICT &
SESSIONS COURT, SITTING AT SINDHANUR.


    THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:     HON'BLE MR JUSTICE MOHAMMAD NAWAZ


                     ORAL JUDGMENT

These appeals are preferred by accused Nos.3 to 6

praying to set aside the order passed by the learned

Sessions Judge rejecting their applications seeking

anticipatory bail and consequently to enlarge them on

anticipatory bail in Crime No.122/2024 registered at

Sindhanoor Town Police Station, Raichur for offences

punishable under Section 189(2), 191(2), 352, 115(2),

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351(2), 310(2), 190 of BNS, 2023 and Section 3(1)(r),

3(1)(s), 3(2)(va) of SC & ST (Prevention of Atrocities)

Amendment Act, 2015.

2. Heard the learned counsel for appellants,

learned High Court Government Pleader for the State and

perused the material on record.

3. Respondent No.2 is served but unrepresented.

4. The complainant by name Balappa, in his

complaint dated 15.08.2024 has stated that he is pursuing

his studies in B.A first year at Sri Swamy Vivekananda

Degree College, Sindhanoor. The II semester examination

was scheduled on 16.08.2024 and therefore, to receive

the hall ticket, he went to the college on his motorcycle on

15.08.2024 at about 5.00 p.m. He met the principal and

took the Hall ticket. At that time, one Mohammed Abrar,

known to him, was doing electrical work in the office of the

principal. A clerk by name Mehboobi working in the

college requested him to drop her at Sindhanoor Bus

stand. Hence, he took her on his motorcycle to drop her

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at the bus stand. When they reached the bus stand,

Mohammed Abrar along with five others came and

snatched the key of the motorcycle and picked up quarrel

with him questioning as to why he has brought a lady

belonging to their community with him. They abused in

filthy language as 'Nayak Jati sule magane' and held his

collar and manhandled him. Further, they snatched his

mobile phone and checked it and threatened him with dire

consequences saying that he will not be spared if he

wanders with a lady belonging to their community.

5. Apprehending their arrest, the appellants

preferred separate petitions before the Sessions Court

praying to enlarge them on an anticipatory bail. The

learned Sessions Judge has rejected their petitions.

Hence, these appeals.

6. A perusal of the complaint averments shows

that, main allegations are against accused No.1. It is

specifically stated that the said accused was known to the

complainant. It is not stated as to how these appellants

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knew complainant's caste. Hence, the allegations that all

the accused have abused the complainant insulting his

caste etc., appears to be doubtful. Even otherwise, the

allegations are omnibus in nature. Further, the appellants

are not named in the FIR, which also shows that they are

strangers to the complainant. Further, the allegations that

the accused persons have manhandled and assaulted the

complainant are also omnibus in nature. As per the wound

certificate of the complainant, made available by the

learned High Court Government Pleader, he has not

sustained any injuries. It is stated in the wound certificate

that no injuries are found. Investigation is completed and

charge sheet is filed. Accused No.1, who was arrested on

16.08.2024, is said to have been enlarged on bail. Further,

in this case, on 23.10.2024, this Court was pleased to

allow I.A.No.1/2024 seeking interim anticipatory bail.

7. In the above facts and circumstances, the relief

sought by the appellants can be granted by imposing

suitable conditions. Accordingly, the following:

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ORDER

(i) Appeals are Allowed.

(ii) The impugned order passed by the learned

Sessions Judge rejecting the petitions filed by accused

Nos.3 to 6 seeking anticipatory bail are set aside.

(iii) Appellants/accused Nos.3 to 6 in Crime

No.122/2024 of Sindhanoor Town Police Station, Raichur,

pending in Spl.C.No.5393/2024 on the file of III Additional

District and Sessions Court, Raichur sitting at Sindhanoor,

shall be released in the event of their arrest, subject to

following conditions:

a) They shall appear before the jurisdictional Court within a period of one week from the date of receipt of a copy of the order and shall execute a bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) each with two sureties for the likesum.

b) They shall appear before the I.O. within a period of one week thereafter, for further

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investigation if any and shall cooperate with the investigation.