Karnataka High Court
Charan J S vs State Of Karnataka on 1 October, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC:40885
CRL.A No. 635 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. 635 OF 2024
BETWEEN:
CHARAN J.S.,
S/O J.V. SURESH,
AGED 29 YEARS,
R/OF JOLDAL VILLAGE AND POST,
VASTARE HOBLI,
CHIKKAMANGALURU- 577 133
...APPELLANT
(BY SRI. P.E. SURESH, ADVOCATE FOR
SRI. SHASHWATH S PRAKASH, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
Digitally BY MALLANDURU POLICE,
signed by CHIKKAMAGALURU,
LAKSHMI T CHIKKAMAGALURU DISTRICT,
Location: REPRESENTED BY STATE PUBLIC PROSECUTOR,
High Court HIGH COURT BUILDING,
of Karnataka BENGALURU - 560 001
2. SMT. SUMITHRA
W/O LATE SOMAIAH,
AGED ABOUT 45 YEARS
3. SMT. NETHRA
W/O LATE PUTTASWAMY,
AGED ABOUT 50 YEARS
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NC: 2024:KHC:40885
CRL.A No. 635 of 2024
4. SMT. RADHA,
W/O KRISHNA
AGED ABOUT 38 YEARS
5. SMT. SUSHEELA
W/O PUTTASWAMY,
AGED ABOUT 40 YEARS.
ALL ARE COOLIES,
KALENAHALLI,
JOLADAL VILLAGE,
VASTHARE HOBLI,
CHIKKAMAGALURU
KARNATAKA -577 133.
...RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R1;
SRI. S. MANJUNATH, ADVOCATE FOR R2)
THIS CRL.A. IS FILED U/S 14(A)(2) OF SC/ST (POA) ACT,
2015 PRAYING TO SET ASIDE THE ORDER DATED 9.3.2023 IN
CRL.MISC.NO.131/2023 ON THE FILE OF I ADDL. SESSIONS
AND SPECIAL JUDGE AT CHIKKAMAGALURU AND ENLARGE THE
APPELLANT ON ANTICIPATORY BAIL IN CRIME NO.10/2023 IN
THE EVENT OF HIS ARREST REGISTERED BY MALLANDURU
POLICE, CHIKKAMAGALURU STATION FOR THE OFFENCE P/U/S
3(1)(r)(s)3(2)(va) OF SC/ST (POA) AMENDMENT ACT, 2015
AND SECTIONS 504, 323, 324, 506 R/W SEC.149 OF IPC ON
THE FILE OF THE I ADDL.SESSIONS & SPECIAL JUDGE,
CHIKAMAGALURU.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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NC: 2024:KHC:40885
CRL.A No. 635 of 2024
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL JUDGMENT
Heard both sides and perused the material on record.
2. Appellant is seeking to set aside the order dated
9.3.2023 passed by the Court of I Additional Sessions and
Special Judge, Chikkamagaluru and consequently to enlarge
him on anticipatory bail in Crime No.10/2023 registered at
Mallanduru police station, for the offences punishable under
Sections 504, 323, 324, 506, 149 of IPC and Sections 3(1)(r),
3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2015.
3. FIR is registered against 6 persons, on a complaint
lodged by one Sumithra w/o.Late Somaiah, in respect of an
incident which is alleged to have taken place on 10.2.2023 at
about 11.30 a.m. to 3.00 p.m. in Joldal village, Vastare Hobli,
Chikkamagaluru Taluk.
4. Initially, in Criminal Misc.No.131/2023, all the accused,
including the appellant herein, sought anticipatory bail. The
said petition was rejected on 9.3.2023 by the Sessions Court.
NC: 2024:KHC:40885
5. Challenging the above order, the appellant along with
other accused persons approached this Court in Criminal Appeal
No.737/2023 and Criminal appeal No.1379/2023. Both the
appeals were dismissed as 'not pressed'. Once again, the
present appeal, which is filed challenging the very same order
of rejection of anticipatory bail petitions, cannot be entertained.
The appellant has not approached the Sessions Court
subsequent to withdrawal of his appeal before this Court.
6. Learned counsel for the appellant submits that charge
sheet has been filed against only two accused, wherein the
appellant herein is arrayed as accused no.2. He submits that
accused no.1 has been enlarged on bail by the Sessions Court.
He has drawn the attention of the Court to the statements of
one Kallesh N.G., Doreraj.N and Ravikumar, said to be eye
witnesses, to contend that they have not alleged that the
accused has insulted or abused the complainant taking
reference to his caste and therefore, offences under the
provisions of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Amendment Act, 2015 are not
attracted.
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7. The appellant/accused no.2 is permitted to file a fresh
petition seeking anticipatory bail, if so advised, before the
learned Sessions Judge in view of filing of charge sheet. If any
such petition is filed, the same shall be considered by the
learned Sessions Judge in accordance with law.
All the contentions are left open.
Appeal is disposed of accordingly.
SD/-
(MOHAMMAD NAWAZ)
JUDGE
rs
