Karnataka High Court

Krishnamurthy vs State Of Karnataka on 22 October, 2024

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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                                                            NC: 2024:KHC:42405
                                                        CRL.A No. 1691 of 2024




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 22ND DAY OF OCTOBER, 2024

                                              BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                                 CRIMINAL APPEAL NO. 1691 OF 2024
                      BETWEEN:

                            KRISHNAMURTHY
                            S/O. LATE CHIKKANNA,
                            AGED ABOUT 45 YEARS,
                            R/AT NO.336/21, 1ST FLOOR,
                            SUBHASH C BHOSE LAYOUT, 13TH CROSS,
                            MALLESHWARAM, BENGALURU 560 003.
                                                                  ...APPELLANT
                      (BY SRI. A.S. ANIL KUMAR, ADVOCATE)
                      AND:

                      1.    STATE OF KARNATAKA
                            BY VYALIKAVAL POLICE STATION, VYALIKAVAL,
                            BENGALURU CITY PIN-560 003.
                            REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
                            HIGH COURT OF KARNATAKA AT
                            BENGALURU - 560 001.

Digitally signed by
                      2.  MRS. PUSHPALEELA,
LAKSHMINARAYANA           W/O. TANAYYA, AGED ABOUT 39 YEARS, R/OF
MURTHY RAJASHRI
Location: HIGH            NELAKANTANAHALLI VILLAGE, KASABA HOBLI,
COURT OF
KARNATAKA                 CHANNAPATNA TALUK,
                          RAMANAGARA - 571 422.
                                                              ...RESPONDENTS
                      (BY SRI.K. NAGESHWARAPPA, HCGP FOR R-1
                          R-2 PRESENT IN PERSON)

                           THIS CRL.A FILED U/S 14(A)(2) OF SC/ST (POA) ACT
                      PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED
                      TO SET ASIDE THE ORDER DATED 11.09.2024 PASSED BY THE
                      LEARNED LXX ADDL.CITY CIVIL AND SESSIONS JUDGE AND
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                                            NC: 2024:KHC:42405
                                        CRL.A No. 1691 of 2024




SPL.JUDGE,BENGALURU IN CRL.MISC.NO.7844/2024 AND
THEREBY ALLOW THE APPEAL ENLARGING THE APPELLANT ON
ANTICIPATORY BAIL IN CR.NO.107/2024 OF VYALIKAVAL P.S.
FOR THE OFFENCE P/U/S 3(1)(r),3(1)(s) OF SC/ST (POA) ACT
AND SEC.318(4),351(2),351(3) OF BNS ACT.

    THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:


CORAM:      HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR


                       ORAL JUDGMENT

This appeal is filed by the sole accused praying to set

aside the order dated 11.09.2024 passed in

Crl.Misc.No.7844/2024 by the LXX Additional City Civil and

Sessions Judge and Special Judge, Bengaluru, whereunder

anticipatory bail petition of this appellant -accused sought

in respect of crime No.107/2024 of Vyalikaval Police

Station for offences punishable under Sections 318(4),

351(2), 351(2), 351(3) and 352 of Bharatiya Nyay

Sanhita, 2023 (Hereinafter referred as to "BNS" for

brevity) and 3(1)(r)(s) of the Scheduled Castes and

Scheduled Tribes Act, 1989 ((Hereinafter referred as to

"SC and ST Act" for brevity) came to be rejected.

NC: 2024:KHC:42405

2. Heard learned counsel for the appellant -

accused and learned High Court Government Pleader for

respondent No.1-State. Respondent No.2 is present before

the Court and she has made submission that she want

justice and she borrowed money from others and lent

same to the appellant -accused.

3. It is case of respondent No.2 that she came in

contract with the appellant -accused through face book

since 2022 and the appellant is working as meter reader at

BESCOM, Malleshwaram. The appellant took her photos

without her knowledge and started to tell his financial

difficulties and requested to arrange loan. Respondent

No.2 has lent money to the appellant -accused and when

she demanded repayment of money lent, the appellant -

accused has abused her in filthy language by touching her

caste. On the said information case came to be registered

against the appellant -accused for aforesaid offences. The

appellant -accused apprehending his arrest has filed

anticipatory bail petition and same came to be rejected by

the impugned order, which is challenged in this appeal.

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4. Learned counsel for the appellant -accused

would contend that false complaint has been lodged

against the appellant -accused by respondent No.2. There

are no transactions between the appellant -accused and

respondent No.2 only to extract money, a false complaint

has been registered against the appellant -accused. He

further submits that on perusal of entire averments of the

complaint only to recover the money lent, a false case has

been registered against this appellant -accused by making

false allegation that he abused respondent No.2 touching

her caste. As there is false averment in the complaint with

regard to Section 3 of the SC and ST Act, the bar under

Section 18 is not attracted. Without considering the said

aspect, learned Special Judge erred in passing the

impugned order which requires interference by this Court.

With this, he prayed to allow the appeal and grant

anticipatory bail to the appellant -accused.

5. Per contra, learned High Court Government

Pleader for respondent No.1-State would contend that

averment of the complaint clearly attracts the offence

NC: 2024:KHC:42405

under Section 3 of the SC and ST Act. As there is bar

under Section 18 of the SC and ST Act, the learned Special

Judge has rightly rejected the anticipatory bail petition of

this appellant -accused. There are no grounds for setting

aside the impugned order and grant of anticipatory bail to

the appellant -accused. With this, he prays for dismissal of

the appeal.

6. Having heard learned counsels, this Court has

perused the impugned order and other materials placed on

record.

7. On perusal of the averments of the complaint,

the appellant -accused and respondent No.2 came in

contract though face book and they became friends.

Respondent No.2 alleged to have lent money to the

appellant -accused and when she demanded repayment of

the money lent, it is alleged that the appellant -accused

abused her in filthy language by taking her caste.

Considering the averments made in the complaint, the

complainant with intention to recover the money lent it

appears a false allegation is made with regard to abuse of

NC: 2024:KHC:42405

touching her caste. Considering the said aspect, the bar

under Section 18 of the SC and ST Act is not attracted,

without considering the said aspect, the learned Special

Judge has rejected the anticipatory bail petition of this

appellant -accused. The other offences alleged against

appellant -accused are not punishable either with death or

imprisonment for life. The appellant -accused has

undertaken to cooperate with Police in the investigation.

The appellant -accused has made out grounds for setting

aside the impugned order and grant of anticipatory bail.

8. In the result, the following

ORDER

The appeal is allowed.

The impugned order dated 11.09.2024 passed in

Crl.Misc.No.7844/2024 by the LXX Additional City Civil and

Sessions Judge and Special Judge, Bengaluru is set aside.

Consequently, anticipatory bail petition of this appellant -

accused is allowed and he is ordered to be released on bail

in crime No.107/2024 of Vyalikaval Police Station in event

of his arrest subject to the following conditions:

NC: 2024:KHC:42405

i. The appellant - accused shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees one Lakh only) with one surety for the likesum to the satisfaction of the Investigation Officer. ii. The appellant - accused shall appear before the Investigating Officer within fifteen days from today.

         iii.   The      appellant      -     accused         shall
                cooperate        with       Police       in     the
                Investigation.


         iv.    The    appellant - accused               shall not