Karnataka High Court

Raja Sab S/O Abdul Ameed Sab vs The State Of Karnataka on 25 November, 2024

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                                                               NC: 2024:KHC-D:17223
                                                         CRL.A No. 100561 of 2024




                           IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
                              DATED THIS THE 25TH DAY OF NOVEMBER, 2024
                                                BEFORE
                                  THE HON'BLE MS. JUSTICE J.M.KHAZI
                                 CRIMINAL APPEAL NO.100561 OF 2024
                                     (U/S 14 A(2) of SC and ST ACT)
                      BETWEEN:
                      RAJA SAB S/O. ABDUL AMEED SAB,
                      AGE. 53 YEARS, OCC. AGRICULTURE AND COOLI,
                      R/O. KARADONA VILLAGE, TQ. KANAKAGIRI,
                      DIST. KOPPAL-583283.
                                                                        ...APPELLANT
                      (BY SRI RAJA RAGHAVENDRA NAIK, ADVOCATE)
                      AND:
                      1.   THE STATE OF KARNATAKA,
                           THROUGH KANAKAGIRI POLICE STATION,
                           REP. BY STATE PUBLIC PROSECUTOR,
                           HIGH COURT OF KARNATAKA DHARWAD,
                           BENCH AT DHARWAD-580001.
                      2.   SOMAPPA S/O. YANKAPPA KALAKER,
                           AGE. 40 YEARS, OCC. AGRICULTURE,
                           R/O. KARADONA, TQ. KANAKAGIRI,
                           DISTRICT KOPPAL-583283.
                      3.   HOLIYAPPA S/O. YANKAPPA KALAKERI,
Digitally signed by
MOHANKUMAR B               AGE. 35 YEARS, OCC. AGRICULTURE,
SHELAR                     R/O. KARADONA, TQ. KANAKAGIRI,
Location: HIGH             DISTRICT KOPPAL-583283.
COURT OF
KARNATAKA                                                             ...RESPONDENTS
                      (BY SRI ABHISHEK MALIPATIL, HCGP FOR R1;
                          NOTICE TO R2 AND R3 ARE SERVED)

                           THIS CRIMINAL APPEAL IS FILED UNDER SECTION 14 A(2) OF
                      SC/ST (POA) ACT, PRAYING TO ALLOW CRIMINAL APPEAL AND SET
                      ASIDE THE ORDER PASSED BY THE PRINCIPAL DISTRICT AND
                      SESSIONS JUDGE AT KOPPAL DATED 10.10.2024 IN CRIME
                      NO.126/2024 WHICH IS REGISTERED FOR THE OFFENCES
                      PUNISHABLE UNDER SECTIONS 189(2), 191(2), 191(3), 115(2),
                      118(1), 109, 352, 351, 190 OF THE BNS AND SC AND ST
                      (PREVENTION OF ATROCITIES) AMENDMENT ACT 2015 (UNDER
                      SECTIONS 3(1)(R), 3(1)(S), 3(2)(VA) BEFORE KANAKAGIRI POLICE
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                                              NC: 2024:KHC-D:17223
                                          CRL.A No. 100561 of 2024




STATION AND MAY BE ENLARGE ON THE BAIL PENDING ON THE FILE
OF ADDL. DISTRICT AND SESSIONS JUDGE, KOPPAL WITH RESPECT
TO APPELLANT/ACCUSED NO.1 IN THE INTEREST OF JUSTICE.

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

CORAM:     THE HON'BLE MS. JUSTICE J.M.KHAZI

                        ORAL JUDGMENT

(PER: THE HON'BLE MS. JUSTICE J.M.KHAZI)

The appellant who is arraigned as accused No.1 has

filed this appeal u/s 14A(2) of the Scheduled Castes and

Scheduled Tribe (Prevention of Atrocities) Act, 2015 ('the

SC/ST (POA) Act' for short) r/w 483 of BNSS, to grant him

bail in Crime No.126/2024 for the offences punishable

under Sections 189(2), 191(2), 191(3), 115(2), 118(1),

109, 352, 351 r/w Section 190 of Bharatiya Nyaya

Sanhita, and Section 3(1)(r), 3(1)(s), 3(2)(va) of

Scheduled Castes and the Scheduled Tribes (Prevention of

Atrocities) Act.

2. In support of the appeal, appellant has

contended that he has been falsely implicated. The

allegations made in the complaint are far from truth.

Appellant is suffering from heart ailment. The allegation

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does not attract provisions of the SC/ST (POA) Act.

Appellant is the sole earning member of the family. He is

ready and willing to abide by any conditions that may be

imposed and offer substantial surety to the satisfaction of

the Trial Court and prays to allow the appeal.

3. Respondent Nos.2 and 3 who are complainant

and aggrieved person are duly served, but, remained

absent.

4. Learned High Court Government Pleader

representing respondent No.1 submitted oral objections

stating that accused No.1 was in illegal occupation of Sy.

No.58 of Karadona village, measuring 20 acres. Recently,

its owner Subhash got its possession back and since 2-3

months back, handed it over to complainant's brother

Holiyappa for cultivation. Holiyappa had prepared the land

for sowing. In the said background on 30.08.2024, at 6.15

p.m., complainant was informed telephonically by

Honnuramma that Holiyappa is assaulted by accused No.1

Rajasab and others. When complainant went to the spot,

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he found accused Nos.1 to 12 at the spot. They were

abusing Holiyappa referring to his caste. They were giving

threat to his life. When complainant intervened to save

him, accused Nos.2 and 4 assaulted Holiyappa with rod on

his head and caused bleeding injury. Others assaulted him

with hands on his body including his private part.

Complainant and others intervened and rescued Holiyappa

from their clutches. He was given treatment at Kanakagiri

and shifted to Government Hospital Gangavathi.

5. Based on the complaint, case is registered in

Crime No.126/2024 for the offences punishable under

Sections under Sections 189(2), 191(2), 191(3), 115(2),

118(1), 109, 352, 351 r/w Section 190 of Bharatiya Nyaya

Sanhita, and Section 3(1)(r), 3(1)(s), 3(2)(va) of the

SC/ST (POA) Act and investigation is taken up. Appellant

was arrested and remanded to judicial custody. After

conducting detailed investigation charge sheet is filed

against accused Nos.1 to 12 for the offences punishable

under Sections under Sections 351(2), 189(2), 191(2),

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191(3), 115(2), 118(1), 109, 352 r/w Section 190 of

Bharatiya Nyaya Sanhita, and Section 3(1)(r), 3(1)(s),

3(2)(va) of the SC/ST (POA) Act. There is prima facie

material to connect the petitioner to the crime in question.

In the event of granting bail, there is likelihood of

appellant threatening or tampering with the witnesses and

he may also abscond and thereby delay and defeat the

trial and prays to dismiss the appeal.

6. Heard arguments and perused the record.

7. Thus, it is the definite case of prosecution that

earlier accused No.1 had illegally occupied land in

Sy.No.58 measuring 20 acres and after its owner Subhash

took back the possession and handed it over to

complainant's brother Holiyappa and when the said

Holiyappa and others were cultivating it, accused No.1 and

others assaulted them and also abused etc.

8. During investigation, appellant was arrested on

25.09.2024. After conducting detailed investigation charge

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sheet is filed against the accused persons including the

appellant. Therefore, the continued custodial presence of

the appellant is not necessary for the purpose of

investigation. Though the alleged offences are non

bailable, they are not exclusively punishable with death or

imprisonment for life. There is apprehension on the part

of the prosecution that the appellant may threaten or

tamper with the witnesses. However, it is not a ground for

rejecting the bail application of the appellant. The

apprehension of the prosecution may be overcome by

imposing stringent conditions, and accordingly, the

following;

ORDER

Appeal is allowed.

The impugned order dated 10.10.2024

passed by the Principal District and Sessions

Judge, Koppal, in Crime No.126/2024 is set

aside.

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Appellant/accused No.1 is released on bail

in bail in Crime No.126/2024 for the offences

punishable under Sections 189(2), 191(2),

191(3), 115(2), 118(1), 109, 352, 351 r/w

Section 190 of Bharatiya Nyaya Sanhita, and

Section 3(1)(r), 3(1)(s), 3(2)(va) of Scheduled

Castes and the Scheduled Tribes (Prevention of

Atrocities) Act, subject to following:

CONDITIONS

a) The appellant/accused No.1 shall execute a

personal bond in a sum of Rs.50,000/- with

two sureties for the like-sum.

b) He shall make himself available for the

purpose of investigation as and when

required and he shall co-operate with the

investigation.

c) He shall furnish his residential address

proof and shall inform the investigating

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officer/Court if there is any change in the

address.