Karnataka High Court
Abhi @ Abhishekh V T vs The State Of Karnataka By on 28 October, 2024
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
-1-
NC: 2024:KHC:43295
CRL.A No. 1732 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL APPEAL No. 1732 OF 2024
BETWEEN:
1. ABHI @ ABHISHEKH V T
S/O V T THIMMAREDDY
AGED ABOUT 24 YEARS
AGRICULTURIST.
2. SHIVU SHVIAPRASAD @ SHIVU
S/O MANJANNA
AGED ABOUT 19 YEARS
A K CASTE, COOLIE WORK.
BIOTH ARE R/AT
MUCHAGUNTE VILLAGE
CHALLAKERE TALUK
CHITRADURGA DISTRICT - 577 522.
...APPELLANTS
Digitally signed by (BY SRI S G RAJENDRA REDDY, ADVOCATE)
LAKSHMINARAYANA
MURTHY RAJASHRI
Location: HIGH
COURT OF
KARNATAKA AND:
1. THE STATE OF KARNATAKA BY
CHALLAKERE POLICE STATION
CHITRADURGA DISTRICT
REPTD. BY S.P.P
HIGH COURT OF KARNATAKA
BENGALURU - 560 001.
2. CHANDRANNA
S/O BASAIAH
-2-
NC: 2024:KHC:43295
CRL.A No. 1732 of 2024
AGED ABOUT 45 YEARS
PELARAHALTTY VILLAGE
CHITRADURGA TALUK
CHITRADURGA DISTRICT - 577 501.
...RESPONDENTS
(SRI K NAGESHWARAPPA, HCGP FOR R1
R2 SERVED AND UNREPRESENTED)
THIS CRL.A IS FILED UNDER SECTION 14(A)(2) OF
SC/ST (POA) ACT PRAYING TO SET ASIDE THE ORDER DATED
13.09.2024 PASSED BY THE SPECIAL II ADDITIONAL DISTRICT
AND SESSIONS JUDGE, CHITRADURGA, IN
CRL.MISC.No.1044/2024 AND ETC.,
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
1. This appeal is filed by the appellants - accused
Nos. 2 and 4 praying to set aside the order dated
13.09.2024 passed in Crl.Misc. No. 1044/2024 by Special
II Additional District and Sessions Judge, Chitradurga,
whereunder the anticipatory bail petition of appellants -
accused Nos. 2 and 4 sought in respect of Chitradurga
Women Police Station crime No. 363/2024 registered for
offence under Sections 109, 115(2), 118(1), 126(2),
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189(2), 190, 191(2), 191(3), 351(2), 352 of Bharatiya
Nyana Sanhita, 2023 (for short referred to as `BNS') and
Sections 3(1)(r), 3(1)(s), 3(2)(v), and 3(2)(v-a) of
Schedule Caste Schedule Tribe (Prevention of Atrocities)
Act, 1989 (for short referred to as `SC ST (POA) Act')
came to be rejected.
2. Heard learned counsel for appellants - accused
Nos. 2 and 4 and learned HCGP for respondent No.1 -
State. Inspite of service of notice No.2 remained absent
and unrepresented.
3. Respondent No. 2 had filed a complaint against
accused Nos. 1 to 5 stating that when he was going on
motorcycle on 26.07.2024 along with one Basaiah at about
08.00 pm accused Nos. 1 to 5 were assaulting one Boraiah
and at that time he pacified the quarrel and thereafter at
about 08.30 pm when he was near Machugunte village bus
stand accused Nos. 1 to 5 have stopped his bike, dragged
him and abused him by taking his caste name and
assaulted him with club, stones, hands and kicked him and
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at that time others rescued him. Said complaint filed by
respondent No.2 came to be registered in crime No.
363/2024 of Challakere Police Station for the aforesaid
offences. The appellants who are arraigned as accused
Nos. 2 and 4 in the FIR apprehending their arrest had filed
a petition and the same came to be rejected by the
impugned order which is challenged in this appeal.
4. Learned counsel for appellants - accused Nos.
2 and 4 would contend that the alleged incident has taken
place on 26.07.2024 and complaint has been filed on
28.07.2024 and there is a delay of 2 days in filing the
compliant. He further submits that respondent No.2 has
sustained only simple injuries. He submits that the
allegation of abuse taking his caste name is omni bus
allegation and at this stage it cannot be said which of the
accused have abused him taking his caste name and
therefore there is no prima facie case to attract offence
under Section 3 of SC ST (POA) Act. He further submits
that bar under Section 18 of the SC ST (POA) Act is not
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attracted. With this he prayed to allow the appeal and
grant anticipatory bail to the appellants - accused Nos. 2
and 4.
5. Per contra learned HCGP appearing for
respondent No. 1 - State would contend that appellant
No.1 - accused No. 2 assaulted with stone on the head of
respondent No. 2 and appellant No.2 - accused No. 4
assaulted respondent No.2 with hands and legs and
caused injuries. Respondent No. 2 has sustained 3 simple
injuries. Charge sheet has been filed which show prima
facie case against appellants and other accused for the
offences alleged against them. Considering the said aspect
learned Special Judge has rightly rejected their
anticipatory bail petition. With this he prayed to dismiss
the appeal.
6. Having heard learned counsel for the parties
this Court has perused the impugned order and other
material placed on record.
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7. The accusation against accused Nos.1 to 5 in
the complaint is that they stopped the bike of respondent
No.2, dragged him and abused him taking the name of his
caste and thereafter assaulted him. Which accused has
abused him by taking his caste name has not been
specifically stated. The allegation of abusing him is omni
bus. It cannot be said at this stage that all the accused
persons abused him with the same words at the same
time. Therefore, at this stage it cannot be said that there
is a prima facie case under Section 3 of the SC ST (POA)
Act. Therefore, bar under Section 18 of the SC ST (POA)
Act is not attracted. The other allegation is assault by
stone, hands and leg. Respondent No. 2 has sustained 3
simple injuries. Charge sheet has already been filed.
Therefore, the appellants are not required for custodial
interrogation. The appellants have made out grounds for
setting aside the impugned order and grant of anticipatory
bail.
8. In the result, the following;
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ORDER
The appeal is allowed. The impugned order dated
13.09.2024 passed in Crl.Misc. No. 1044/2024 by Special
II Additional District and Sessions Judge, Chitradurga, is
set aside. Consequently the anticipatory bail petition of the
appellants stands allowed. The appellants are ordered to
be released on anticipatory bail in the event of their arrest
in crime No. 363/2024 of Chitradurga Police Station
subject to the following conditions;
i. The appellants - accused Nos. 2 and 4 shall
execute a personal bond for a sum of Rs.1,00,000/-
with one surety for the likesum to the satisfaction
of the Investigating Officer/ jurisdictional Court.
ii. The appellants - accused Nos. 2 and 4 shall
voluntarily appear before the Investigating Officer/
jurisdictional Court within 15 days from today.
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iii. The appellants - accused Nos. 2 and 4 shall not
threaten the complainant and other prosecution
witnesses.
iv. The appellants - accused Nos. 2 and 4 shall appear
before the jurisdictional Court on all dates of
hearing unless exempted and cooperate in speedy
disposal of the case.
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
