Karnataka High Court
Sri Shashidhara vs The State Of Karnataka on 1 October, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:40817
CRL.A No. 1504 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL APPEAL NO. 1504 OF 2024
BETWEEN:
SRI. SHASHIDHARA
S/O SRI. BASAVEGOWDA,
AGED ABOUT 45 YEARS,
RESIDING AT LAKYA VILLAGE AND HOBLI,
CHIKKAMAGALURU TALUK,
CHIKKAMAGALUR DISTRICT 577 168.
...APPELLANT
(BY SRI. K.B. NAVEEN KUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY CHIKKAMAGALURU RURAL
POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
Digitally BENGALURU - 560 001.
signed by
LAKSHMI T
2. SRI. UMESHA H.M.,
Location: S/O SRI. MAHESHA H.D.,
High Court
of Karnataka AGED ABOUT 31 YEARS,
RESIDING AT HIREGOUJA VILLAGE,
KADUR TALUK,
CHIKKAMAGALURU DISTRICT 577 548.
...RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP)
THIS CRL.A IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT
PRAYING TO SET ASIDE OR QUASH THE ORDER DATED
29.07.2024 PASSED IN CRL.MISC.NO.412/2024 FILED U/S 438
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CRL.A No. 1504 of 2024
OF CR.P.C., BEFORE THE I ADDL. SESSIONS AND SPL. JUDGE
AT CHIKKAMAGALURU AND ENLARGE THE APPELLANT ON BAIL
IN THE EVENT OF ARREST BY THE CHIKKAMAGALURU RURAL
POLICE EITHER IN RESPECT OF THE NBW ISSUED BY THE I
ADDL. SESSIONS AND SPL. JUDGE AT CHIKKAMAGALUR IN
SPL.C.NO.55/2024 (CR.NO.131/2024) P/U/S 143, 147, 323,
324, 504 AND 506 OF IPC R/W SEC. 149 OF IPC AND SEC.
3(1)(r), 3(1)(s) AND 3(2)(v-a) OF SC AND ST (POA) ACT.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
Learned High Court Government Pleader has filed a
memo along with police report for having served notice on
respondent No.2.
2. Memo along with the police report is placed on
record.
3. As per the memo filed by the learned High
Court Government Pleader, respondent No.2 / defacto
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complainant is served. However, there is no
representation.
4. Heard the learned counsel for appellant, learned
High Court Government Pleader for the State and perused
the material on record.
5. Crime No.131/2024 of Chikkamagaluru Rural
police station is registered on a complaint lodged by
respondent No.2 herein, against three named and two
unnamed accused, for offences punishable under Section
143, 147, 323, 324, 504, 506 read with Section 149 of IPC
and Section 3(1)(r), 3(1)(s),3(2)(v-a) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989 (for short SC/ST (POA) Act, 1989).
6. In the charge sheet, which is filed against
accused Nos.1 to 5, appellant herein is arraigned as
accused No.5. The bail petition filed before the Sessions
Court has been rejected vide order dated 29.07.2024 in
Crl.Misc.412/2024, hence, this appeal.
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7. A perusal of the complaint averments reveal
that the incident has taken place in a sudden quarrel,
wherein, it is alleged that when the complainant had
parked his car near the panipurin shop, accused Nos.1 to 3
named in the FIR along with two other persons quarreled
with him and abused him referring to his caste etc. The
allegations of assaulting the complainant with an iron rod
is attributed against accused No.2 by name Ramesha.
Further, accused No.3 by name Santhosh, is alleged to
have assaulted him with a stone.
8. In the charge sheet, it is alleged that all the
accused have abused the complainant taking reference to
his caste and also assaulted him etc. The specific
allegations against the appellant is that he dragged the
complainant by holding his shirt collar. In so far as the
abusive words alleged to have been used against the
complainant is concerned, omnibus allegations are made.
9. Primafacie, it cannot be said at this stage that a
case is made out against the appellant herein attracting
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the ingredients of the offences under the SC/ST (POA) Act.
Hence, the prayer made in this appeal can be granted by
imposing suitable conditions.
10. Accordingly, the following:
ORDER
i) Appeal is allowed.
ii) The order passed by the learned Sessions Judge
rejecting the bail petition of the appellant / accused No.5
(as per charge sheet) in Spl.C.No.55/2024 pending on the
file of the Court of I Additional Sessions and Special Judge,
Chikkamagaluru (Crime No.131/2024 of Chikkamagaluru
Rural Police station) is set aside and the appellant /
accused No.5 shall be released, in the event of his
arrest / surrender, subject to following conditions:
a) He shall appear before the
Investigation Officer / Jurisdictional Court within
a period of one week from the date of receipt of
copy of this order and shall execute a bond in a
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sum of Rs.50,000/- (Rupees Fifty Thousand
only) with two sureties for the likesum.
b) He shall be available for the purpose
of further investigation, if any and shall
co-operate with the investigation.
c) He shall furnish proof of his
residential address and shall inform the
Investigation Officer/Court, if there is change in
the address.
d) He shall not tamper with the
prosecution witnesses either directly or
indirectly.
e) He shall be regular in attending the
Court proceedings.
SD/-
(MOHAMMAD NAWAZ)
JUDGE
LDC
